McConnell v. Air Line Pilots' Ass'n, International, 763 F. Supp. 2d 37

McConnell, a Northwest Airlines pilot, went on sick leave in November 2006 and faced a mandatory medical examination after 60 days under the collective bargaining agreement (CBA).
NWA ordered McConnell to undergo a medical exam in January 2007 and later required a neuro-psychological exam, which McConnell initially did not attend.
McConnell was removed from sick-leave status on March 2, 2007 for failing to attend the March exams, and the appointment was rescheduled to March 26, 2007; he retired on March 13, 2007.
ALPA filed a June 30, 2007 grievance on McConnell’s behalf contending he did not receive proper directives for the March exam and seeking back sick-leave and pension adjustments.
McConnell repeatedly indicated he wanted the grievance withdrawn, canceling the grievance in July 2007, and ALPA acknowledged aborting the grievance by July 12, 2007.
McConnell filed this suit on September 17, 2008, alleging ALPA breached its duty of fair representation by failing to pursue the grievance.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the DFR claim is time-barred under the six-month rule	McConnell argues timely suit under Six-month period.	ALPA contends the claim accrued when ALPA stopped pursuing the grievance and the suit was filed after six months.	Barred; timely for ALPA-stop-date accrual but filed after six months.

DelCostello v. Int'l Bhd. of Teamsters, 462 U.S. 151 (1983) (six-month NLRA/RLA limitations in hybrid claims)
George v. Local 639, 100 F.3d 1008 (D.C. Cir. 1996) (six-month limitations apply to union-related claims under RLA)
Cephas v. MVM, Inc., 520 F.3d 480 (D.C. Cir. 2008) (timeliness tied to when union ceased pursuing grievance)
Ramey v. Dist. 141 Int'l Ass'n of Machinists, 378 F.3d 269 (2d Cir. 2004) (RLA limitations applied in federal circuits)
Wood v. Houston Belt & Terminal Ry., 958 F.2d 95 (5th Cir. 1992) (limitations clock starts when last union action occurs)