Prazak v. Local 1 International Union of Bricklayers & Allied Crafts

233 F.3d 1149, 2000 Daily Journal DAR 12077, 2000 Cal. Daily Op. Serv. 9082, 165 L.R.R.M. (BNA) 2853, 2000 U.S. App. LEXIS 28245
CourtCourt of Appeals for the Ninth Circuit
DecidedNovember 13, 2000
DocketNo. 98-36129
StatusPublished
Cited by10 cases

This text of 233 F.3d 1149 (Prazak v. Local 1 International Union of Bricklayers & Allied Crafts) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Prazak v. Local 1 International Union of Bricklayers & Allied Crafts, 233 F.3d 1149, 2000 Daily Journal DAR 12077, 2000 Cal. Daily Op. Serv. 9082, 165 L.R.R.M. (BNA) 2853, 2000 U.S. App. LEXIS 28245 (9th Cir. 2000).

Opinion

D.W. NELSON, Circuit Judge:

William Prazak appeals the district court’s summary judgment order in favor of the appellees (“the union”). The district court dismissed Prazak’s complaint, which was removed from state to federal court, for failing to comply with the six-month federal statute of limitations. We reverse.

I. FACTUAL AND PROCEDURAL BACKGROUND

On March 14, 1991, Prazak filed a lawsuit in Alaska Superior Court alleging hiring hall and collective bargaining violations by the union and various employers that deprived Prazak of employment. Prazak’s lawsuit was consolidated with a subsequent claim filed on August 2, 1991, alleging violations as late as July 12,1991.

The superior court initially dismissed Prazak’s lawsuit in 1994 for failure to prosecute. The Alaska Supreme Court, however, reversed the dismissal a year later. On December 1, 1995, the superior court ordered the parties to proceed with the case. Two years later, the court notified the parties that it was moving the case to the inactive calendar with an intent to dismiss. Although Prazak moved to continue the case on the inactive calendar, the superior court dismissed the case without prejudice on July 11, 1997. Prazak’s motion for reconsideration was denied on August 8, 1997.

On May 22, 1998, Prazak refiled his consolidated complaint in Alaska Superior Court pursuant to Alaska’s statutory rule, AS 09.10.240, allowing refiling within one year after the dismissal of a predecessor action. After Prazak refiled, the union removed the case to federal court because the case raised a federal question under § 301 of the Labor Management Relations Act (“LMRA”). The union also moved for summary judgment on the ground that [1151]*1151Prazak’s refiled complaint violated the six-month federal statute of limitations for hybrid claims. The district court agreed, granting summary judgment for the appel-lees on all claims except for a state defamation claim. Prazak timely appealed.

II. DISCUSSION

This case involves an issue of first impression in this circuit — whether state procedural rules apply to federal question cases that are filed in state court even though there is a six-month federal statute of limitations. We hold if the federal statute of limitations is initially complied with, then state procedural rules apply until the case is removed to federal court.

A. Federal law

Prazak’s lawsuit is commonly referred to as a “hybrid” claim because it alleges unfair labor practices by an employer and a union’s breach of duty to fairly represent all of its members, implicating both the LMRA, 29 U.S.C. § 185(a) (“§ 301”) and the National Labor Relations Act, 29 U.S.C. § 151 et seq. (“NLRA”). Under federal law, a hybrid complaint must be filed within six months of the alleged violation. See DelCostello v. International Bhd. of Teamsters, 462 U.S. 151, 172, 103 S.Ct. 2281, 76 L.Ed.2d 476 (1983).

In DelCostello, the consolidated cases were originally filed in federal court, and they were both dismissed because they failed to meet the state statute of limitations. See id. at 155-57, 103 S.Ct. 2281. Justice Brennan, writing for the Court, found that the applicable state statute of limitations (30 or 90 days) in each case “fail[ed] to provide an aggrieved employee with a satisfactory opportunity to vindicate his rights under § 301 and the fair representation doctrine.” Id. at 166, 103 S.Ct. 2281. Thus, the Court borrowed the six-month statute of limitations from § 10(b) of the NLRA. The Court said:

We stress that our holding today should not be taken as a departure of prior practice in borrowing limitations periods for federal causes of action, in labor law and elsewhere. We do not mean to suggest that federal courts should eschew use of state limitations periods anytime state law fails to provide a perfect analogy. On the contrary, as the courts have often discovered, there is not always an obvious state-law choice for application to a given federal cause of action; yet resort to state law remains the norm for borrowing of limitations periods.

Id. at 171, 103 S.Ct. 2281 (citations omitted).

Four years later, in West v. Conrail, 481 U.S. 35, 107 S.Ct. 1538, 95 L.Ed.2d 32 (1987), the Court limited its holding in DelCostello. In West, the hybrid claim was originally filed in federal district court within the six-month period but service was not completed according to § 10(b) of the NLRA. See id. at 36-37, 107 S.Ct. 1538. The Court held:

The only gap in federal law that we intended to fill in DelCostello was the appropriate limitations period. We did not intend to replace any part of the Federal Rules of Civil Procedure with any part of § 10(b) of the [NLRA].... [W]e now hold that when the underlying cause of action is based on federal law and the absence of an express federal statute of limitations makes it necessary to borrow a limitations period from another statute, the action is not barred if it has been “commenced” in compliance with Rule 3 within the borrowed period.

Id. at 38-39, 107 S.Ct. 1538. In a footnote to that last sentence, West emphasized that neither its holding nor DelCostello’s addressed all cases that end up in federal court:

When the underlying cause of action is based on state law, and federal jurisdiction is based on diversity of citizenship, state law not only provides the appropriate period of limitations but also determines whether service must be effected [1152]*1152within that period.... This requirement, naturally, does not apply to federal-question cases. Indeed, Walker expressly declined to “address the role of Rule 3 as a tolling provision for a statute of limitations, whether set by federal law or borrowed from state law, if the cause of action is based on federal law.”

Id. at 39 n. 4, 107 S.Ct. 1538 (quoting Walker v. Armco Steel Corp., 446 U.S. 740, 751 n. 11, 100 S.Ct. 1978, 64 L.Ed.2d 659 (1980)). Both DelCostello and West were silent about cases that originate in state court and are subsequently removed because they are based on federal questions.

B. Alaska Law

Under Alaska law, “[i]f an action is commenced within the time prescribed and is dismissed upon the trial or upon appeal after the time limited for bringing a new action, the plaintiff ... may commence a new action upon the cause of action within one year after the dismissal or reversal on appeal.” AS 09.10.240. The Alaska Supreme Court has held that this statute applies to cases dismissed for failure to prosecute. See Smith v. Stratton, 835 P.2d 1162, 1165 (Alaska 1992).

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233 F.3d 1149, 2000 Daily Journal DAR 12077, 2000 Cal. Daily Op. Serv. 9082, 165 L.R.R.M. (BNA) 2853, 2000 U.S. App. LEXIS 28245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prazak-v-local-1-international-union-of-bricklayers-allied-crafts-ca9-2000.