Terry E. Barlow v. American National Can Company United Steelworkers of America, Local Union No. 3628

How courts have described this case

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

• explaining that a hybrid cause of action “typically accrue[s], for statute of limitations, purposes, when the union’s breach of duty injures the employee”
• hybrid § 301 action governed by 6-month statute of limitations; filing period begins to run against employer and union when grievance is rejected or union decides not to pursue it
• “Because the union’s breach of duty is a necessary element of a § 301 claim against the employer, the employee’s claims against both typically accrue, for statute of limitations purposes, when the union’s breach of duty injures the employee.”
• first citing Livingstone v. Schnuck Market, Inc., 950 F.2d 579, 583 (8th Cir. 1991); then citing Tripp v. Angelica Corp., 921 F.2d 794, 795 (8th Cir. 1990); and then citing Butler v. Local Union 823, Int’l Bhd. of Teamsters, 514 F.2d 442, 449 (8th Cir. 1975)

Source: CourtListener parenthetical corpus (CC0).