Strassberg v. New York Hotel & Motel Trades Council, Local 6
Docket: Docket No. 01-7283
Court: Court of Appeals for the Second Circuit; March 3, 2002; Federal Appellate Court
The judgment of the United States District Court for the Southern District of New York is affirmed. Margaret Strassberg appeals following the court's grant of Rule 12(c) motions by defendants, including the New York Hotel, Motel Trades Council, Local 6, and Hilton Hotels Corporation. This lawsuit marks Strassberg's third attempt to challenge the Hotel’s failure to rehire her in 1995 due to alleged discrimination based on her disability, with previous lawsuits ending in favor of the Hotel. In her current complaint, Strassberg alleges that the Hotel breached a Union-negotiated settlement agreement by not rehiring her in June 1995 and that the Union failed to adequately represent her during arbitration regarding this breach. The district court found that res judicata precluded her claim against the Hotel and that the statute of limitations barred her claim against the Union. Strassberg did not contest the res judicata ruling in her opening brief, leading to its waiver. She contends that her claim against the Union is not barred by the statute of limitations; however, the court ruled against her. Under 29 U.S.C. § 185, claims have a six-month limitations period that begins when the plaintiff reasonably should have known a breach occurred, typically at the time of the arbitration award. Strassberg's allegations indicated that part of the alleged breach occurred before the arbitration award, and her knowledge of the Union's actions is imputed to her on the date of the award. Efforts to reopen the grievance post-award were seen as steps related to the initial grievance rather than a new claim. Therefore, the court upheld that her claim against the Union was time-barred.