Norma Arriaga-Zayas v. International Ladies' Garment Workers' Union--Puerto Rico Council, Etc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that, “the filing of an unfair labor practice charge with the NLRB does not toll the statute of limitations on a hybrid § 301/fair representation action arising out of the same nucleus of operative fact”
• noting garment-workers’ NLRB filings placed them “snugly within the tightest of corsets” because they plainly knew of the union’s wrongdoing by that time
• one element of classic hybrid is charge that “union ... ignored the duty of fair representation”
• claim accrued when plaintiffs filed \informative motion\ with Puerto Rico Labor Relations Board detailing union's alleged failure adequately to represent them
• discovery rule applied to action under the National Labor Relations Act, 29 U.S.C. § 160(b) and the Labor Management Relations Act, 29 U.S.C. §185
• arbitration between union and employer did not prevent plaintiffs' hybrid s 301 claim from accruing when it was unclear whether union's represen- tation of plaintiffs in arbitration proceeding would be ade- quate

Source: CourtListener parenthetical corpus (CC0).