context: Because the duty of fair representation under the Railway Labor Act is identical to the duty of fair representation under the National Labor Relations Act, and because the federal policies and interests articulated in DelCostello are present in hybrid actions under the Railway Labor Act, six circuit courts have ruled that the six-month statute of limitations in SS 10(b) of the Na tional Labor Relations Act also controls duty of fair representation claims and hybrid actions brought under the Railway Labor Act.
citation_a.signal: see also
citation_a.parenthetical: hybrid suit holding a federal statute of limitations applies, but not choosing between six-month limitations period in SS 10(b
citation_a.sentence: See Ranieri v. United Transp. Union, 743 F.2d 598 (7th Cir.1984) (action against union for breach of duty of fair representation); Barnett v. United Air Lines, Inc., 738 F.2d 358 (10th Cir.) (hybrid suit) (opinion on rehearing), cert. denied, - U.S. -, 105 S.Ct. 594, 83 L.Ed.2d 703 (1984); Welyczko v. U.S. Air, Inc., 733 F.2d 239 (2d Cir.) (hybrid suit), cert. denied, - U.S. -, 105 S.Ct. 512, 83 L.Ed.2d 402 (1984); Sisco, 732 F.2d at 1191-94 (hybrid suit, but statute of limitations ruling only on breach of duty of fair representation claim against the union); Hunt v. Missouri Pacific R.R., 729 F.2d 578 (8th Cir.1984) (hybrid suit, but statute of limitations ruling only on breach of duty of fair representation claim against the union); see also Triplett v. Local 308, Brotherhood of Railway, Airline and Steamship Clerks, 763 F.2d 625 (4th Cir.1985) (holding DelCostello governs a hybrid suit brought under the Railway Labor Act, but refusing to apply it retroactively); Linder v. Berge, 739 F.2d 686 (1st Cir.1984) (hybrid suit holding a federal statute of limitations applies, but not choosing between six-month limitations period in § 10(b) of National Labor Relations Act and two-year period in Railway Labor Act).
citation_b.signal: see
citation_b.parenthetical: action against union for breach of duty of fair representation
citation_b.sentence: See Ranieri v. United Transp. Union, 743 F.2d 598 (7th Cir.1984) (action against union for breach of duty of fair representation); Barnett v. United Air Lines, Inc., 738 F.2d 358 (10th Cir.) (hybrid suit) (opinion on rehearing), cert. denied, - U.S. -, 105 S.Ct. 594, 83 L.Ed.2d 703 (1984); Welyczko v. U.S. Air, Inc., 733 F.2d 239 (2d Cir.) (hybrid suit), cert. denied, - U.S. -, 105 S.Ct. 512, 83 L.Ed.2d 402 (1984); Sisco, 732 F.2d at 1191-94 (hybrid suit, but statute of limitations ruling only on breach of duty of fair representation claim against the union); Hunt v. Missouri Pacific R.R., 729 F.2d 578 (8th Cir.1984) (hybrid suit, but statute of limitations ruling only on breach of duty of fair representation claim against the union); see also Triplett v. Local 308, Brotherhood of Railway, Airline and Steamship Clerks, 763 F.2d 625 (4th Cir.1985) (holding DelCostello governs a hybrid suit brought under the Railway Labor Act, but refusing to apply it retroactively); Linder v. Berge, 739 F.2d 686 (1st Cir.1984) (hybrid suit holding a federal statute of limitations applies, but not choosing between six-month limitations period in § 10(b) of National Labor Relations Act and two-year period in Railway Labor Act).