What is the test for a unionized employee to file a motion to sue for unfair dismissal?
MultiRegion, United States of America
The following excerpt is from Canez v. Laborers' Intern. Union of North America, 40 F.3d 1246 (9th Cir. 1995):
29 U.S.C. Sec. 411(a)(4) requires that union members exhaust internal remedies "but not to exceed a four month lapse of time" before instituting legal proceedings. Appellant claims that he satisfied this requirement. We agree. In Ornellas v. Oakley, 618 F.2d 1351, 1354 (1980), we held that "a person has adequately exhausted her [intraunion] remedies where her remaining appeal within the union lies beyond a four month period."
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