United States Fifth Circuit

In the context of a hybrid Labor Management Relations Act (LMRA) section 301 lawsuit against an employer and union, in order to invoke equitable tolling, an employee must file a grievance with the union within six months of the adoption of a new seniority system. Furthermore, tolling is applicable only for a "good faith" attempt to pursue non-judicial remedies.

Appellate Information

• Decided 08/11/2006
• Published 08/14/2006

Judges

• JERRY E. SMITH, Circuit Judge:, Before SMITH, GARZA and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Tracie J. Jackson, Houston, TX, for Plaintiffs-Appellants., Benjamin Hayden Banta, Ernest R. Malone, Jr., The Kullman Firm, New Orleans, LA, for Cytec Industries Inc., Louis L. Robein, Jr., Karen Maria Torre, Robein, Urann & Lurye, Metairie, LA, for Paper, Allied-Industrial, Chemical and Energy Workers Intern. Union, AFL-CIO-CIC, Local 4-447.