Pink Gray and L.C. Robinson v. Amalgamated Meat Cutters Local 540 and Safeway Stores, Inc.
Pink GRAY and L.C. Robinson, Plaintiffs-Appellants, v. AMALGAMATED MEAT CUTTERS LOCAL 540 and Safeway Stores, Inc., Defendants-Appellees
Opinion
PER CURIAM:
Plaintiffs appeal from the dismissal of their suit because of the running of the statute of limitations.
DelCostello v. International Brotherhood of Teamsters, 462 U.S. 151 , 103 S.Ct. 2281 , 76 L.Ed.2d 476 (1983) established a six-month limitations period for employees’ suits against an employer and a union under section 301 of the LMRA. Plaintiffs argue that Edwards v. Sea-Land Service, Inc., 720 F.2d 857 (5th Cir.1983) established that the retroactivity of DelCostello is to be determined on a case-by-case basis, and that the circumstances of this case militate against retroactive application. Plaintiffs’ interpretation of Edwards , however, is incorrect.
Edwards established that DelCostello is to be applied retroactively to all cases in our circuit.
See Farr v. H.K. Porter, Inc., 727 F.2d 502, 505 (5th Cir.1984);
Edwards, 720 F.2d at 859 (“The sole issue we must decide is whether DelCostello applies retroactively. We hold that it does____”).
Accordingly, the judgment of the court below is AFFIRMED.
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Cited by 10 cases
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- Robert L. Holmes v. Greyhound Lines, Inc. And Amalgamated Transit Union, Afl-Cio Local Union No. 1313
- Geoffrey E. Landahl v. Ppg Industries, Inc., and Brotherhood of Painters & Allied Trades, Local 579
- Matt Gray v. Local 714, International Union of Operating Engineers
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