Federal Court Dismisses Claims Against UNITE HERE Local 26

U.S. District Court judge Nathaniel Gorton has dismissed claims brought by three terminated employees against their Union, UNITE HERE, Local 26. The discharged employees claimed that the Local 26 violated the duty of fair representation (DFR) toward them.

In a 9 page, Judge Gorton found each of the claims to be untimely since they were filed more than six (6) months after the employees knew or should have known that the Union did not intend to proceed further with their grievances. Gorton's decision clarifies that private sector employees have six months to bring a DFR claim against their union, regardless of whether the employee is suing the former employer and the union, or just suing the union.