Jose Shapiro v. Cook United, Inc., Int'l Bhd. of Teamsters, Chauffeurs, Warehousemen & Helpers of Am., Local No. 507, 762 F.2d 49 (6th Cir. 1985). · Go Syfert
Jose Shapiro v. Cook United, Inc., Int'l Bhd. of Teamsters, Chauffeurs, Warehousemen & Helpers of Am., Local No. 507, 762 F.2d 49 (6th Cir. 1985). Cases Citing This Book View Copy Cite
113 citation events (23 in the last 25 years) across 12 distinct courts.
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (rule) Harry Hollingsworth v. Ford Motor Company (4×)
6th Cir. · 2016 · confidence medium
A union member is responsible for knowing the contents of his CBA, Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir. 1985), and Hollingsworth should have known that it was impossible for the UAW to file a grievance on his behalf after the CBA’s deadline for doing so passed sometime in April or May 2011.
discussed Cited as authority (rule) William A. Graham Co. v. Haughey
3rd Cir. · 2011 · confidence medium
Coop., 770 F.2d 52, 56 (6th Cir.1985); Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir.1985); Howard v. Lockheed-Georgia Co., 742 F.2d 612, 614 (11th Cir.1984); Metz v. Tootsie Roll Indus., 715 F.2d 299, 304 (7th Cir.1983); Trotter v. Int’l Longshoremen’s & Warehousemen’s Union, 704 F.2d 1141 , 1143 (9th Cir.1983); Cline v. Brusett, 661 F.2d 108, 110 (9th Cir.1981); Pauk v. Bd. of Trustees, 654 F.2d 856, 859 (2d Cir.1981); Singleton v. New York, 632 F.2d 185, 191 (2d Cir.1980); Bireline v. Seagondollar, 567 F.2d 260, 263 (4th Cir.1977); Young v. Clinchfield R.
cited Cited as authority (rule) Perrywatson v. United Airlines, Inc.
N.D. Ill. · 2011 · confidence medium
See Jones v. General Motors Corp., 939 F.2d 380, 384 (6th Cir.1991); Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir.1985); Campbell v. Upjohn Co., 676 F.2d 1122, 1127 (6th Cir.1982).
cited Cited as authority (rule) Overstreet v. MacK Industries, Inc.
6th Cir. · 2008 · confidence medium
Robinson, 987 F.2d at 1243 (citing Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir.1985)).
examined Cited as authority (rule) Hanely v. International Brotherhood of Locomotive Engineers (3×) also: Cited "see"
6th Cir. · 2003 · confidence medium
This Court has recognized that a plaintiffs failure to file a hybrid action within six months after the contractual grievance period expired could be excused if the plaintiff could demonstrate that “the defendants fraudulently concealed any facts respecting the accrual or merits of his claim.” See Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir.1985).
discussed Cited as authority (rule) Workman v. United Fixtures Co.
W.D. Mich. · 2000 · confidence medium
Chrysler Workers Ass’n v. Chrysler Corp., 834 F.2d 573, 581 (6th Cir.1987), cert. denied, 486 U.S. 1033 , 108 S.Ct. 2017 , 100 L.Ed.2d 604 (1988); Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir.1985).
discussed Cited as authority (rule) Mounts v. Grand Trunk Railroad
6th Cir. · 2000 · confidence medium
Summary judgment is knew or should have known of defendant's fraudulent scheme); appropriate “if the pleadings, depositions, answers to Au Rustproofing Center, Inc. v. Gulf Oil Corp., 755 F.2d 1231 , interrogatories, and admissions on file, together with the 1237 (6th Cir. 1985) (state fraud action accrues when the fraud affidavits, if any, show that there is no genuine issue as to any was or should have been discovered); Shapiro v. Cook United, material fact and that the moving party is entitled to a Inc., 762 F.2d 49, 51 (6th Cir. 1985) (per curiam) (statute begins to run when claimant dis…
discussed Cited as authority (rule) Mark S. Mounts v. Grand Trunk Western Railroad
6th Cir. · 2000 · confidence medium
Dixon v. Anderson, 928 F.2d 212, 215 (6th Cir.1991) ( 42 U.S.C. § 1983 claim accrues "when the plaintiff knows or has reason to know of the injury”); Friedman v. Estate of Presser, 929 F.2d 1151, 1159 (6th Cir.1991) (plaintiff in Bivens action has reason to know of his injury when he should have discovered it); Hofstetter v. Fletcher, 905 F.2d 897, 904 (6th Cir.1988) (RICO action accrues when plaintiff knew or should have known of defendant's fraudulent scheme); Au Rustproofing Center, Inc. v. Gulf Oil Corp., 755 F.2d 1231, 1237 (6th Cir.1985) (state fraud action accrues when the fraud was …
discussed Cited as authority (rule) Brand v. Hancock Manf. Co.
S.D. Ohio · 1999 · confidence medium
The six month statute of limitations accrues from the date that the plaintiff “discovers, or in the exercise of reasonable diligence should have discovered, the acts constituting the alleged violation.” Nida v. Plant Protection Association National, 7 F.3d 522, 525 (6th Cir.1993) (citing Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir.1985)).
discussed Cited as authority (rule) Robert Darden v. Local 247, International Brotherhood of Teamsters
6th Cir. · 1996 · confidence medium
"This six-month time period accrues from the date that the plaintiff 'discovers, or in the exercise of reasonable diligence should have discovered, the acts constituting the alleged violation.' " Nida v. Plant Protection Ass'n Nat'l, 7 F.3d 522, 525 (6th Cir.1993) (citing Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir.1985)).
discussed Cited as authority (rule) Clarence M. Adkins v. United Mine Workers of America
6th Cir. · 1995 · confidence medium
The six-month limitations period begins on the date that plaintiffs "discovered, or in the exercise of reasonable diligence should have discovered, the acts constituting the alleged violation." Nida v. Plant Protection Ass'n Nat'l, 7 F.3d 522, 525 (6th Cir. 1993)(quoting Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir. 1985)). 41 There is no dispute that plaintiffs did not and could not know how the union would disburse the settlement benefits until the settlement became final on May 23, 1988.
discussed Cited as authority (rule) Dennis W. Schoonover v. Consolidated Freightways Corporation of Delaware and Local 24, Freight Drivers, Dockworkers and Helpers
6th Cir. · 1995 · confidence medium
See also Fox v. Parker Hannifin Corp., 914 F.2d 795, 803-04 (6th Cir.1990); Ryan v. General Motors Corp., 929 F.2d 1105, 1111 (6th Cir.1989); Chrysler Workers Ass’n v. Chrysler Corp., 834 F.2d 573, 578-81 (6th Cir.1987), cert. denied, 486 U.S. 1033 , 108 S.Ct. 2017 , 100 L.Ed.2d 604 (1988); Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir.1985).
discussed Cited as authority (rule) Jessie K. Summers v. Local 779 United Rubber, Cork, Linoleum and Plastic Workers of America
6th Cir. · 1994 · confidence medium
See DelCostello v. International Bhd. of Teamsters, 462 U.S. 151, 155 (1983); Nida v. Plant Protection Ass'n Nat'l, 7 F.3d 522, 525 (6th Cir.1993); Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir.1985) (per curiam).
discussed Cited as authority (rule) Foster v. Forest Hill Dairy
6th Cir. · 1994 · confidence medium
The six-month limitations period "begins to run when the [employee] discovers, or in the exercise of reasonable diligence should have discovered, the acts constituting the alleged violation." Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir.1985).
discussed Cited as authority (rule) Glenn C. Nida and Daniel P. Yurovich v. Plant Protection Association National
6th Cir. · 1993 · confidence medium
This six-month time period accrues from the date that the plaintiff “discovers, or in the exercise of reasonable diligence should have discovered, the acts constituting the alleged violation.” Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir.1985).
discussed Cited as authority (rule) Kentucky State District Council of Carpenters, Afl-Cio v. Wehr Constructors, Inc.
6th Cir. · 1993 · confidence medium
Thus, Wehr's argument that the sending of the letters by the Union was fatally untimely does not really turn on the expiration of the collective bargaining agreement, but rather seems to turn on the running of a statute of limitations period not argued on appeal and not addressed at all by the district court in its Order. 6 Assuming Wehr has not waived the affirmative defense of statute of limitations, see Haskell v. Washington Township, 864 F.2d 1266, 1273 (6th Cir.1988) ("Pursuant to Rule 8(c) of the Federal Rules of Civil Procedure, a defense based upon a statute of limitations is waived if…
discussed Cited as authority (rule) Michigan United Food & Commercial Workers Unions & Drug & Mercantile Employees Joint Health & Welfare Fund v. Muir Co.
6th Cir. · 1993 · confidence medium
Dixon v. Anderson, 928 F.2d 212, 215 (6th Cir.1991) ( 42 U.S.C. § 1983 claim accrues “when the plaintiff knows or has reason to know of the injury”); Friedman v. Estate of Presser, 929 F.2d 1151, 1159 (6th Cir.1991) (plaintiff in Bivens action has reason to know of his injury when he should have discovered it); Hofstetter v. Fletcher, 905 F.2d 897, 904 (6th Cir.1988) (RICO action accrues when plaintiff knew or should have known of defendant’s fraudulent scheme); Au Rustproofing Center, Inc. v. Gulf Oil Corp., 755 F.2d 1231, 1237 (6th Cir.1985) (state fraud action accrues when the fraud …
discussed Cited as authority (rule) 16 Employee Benefits Cas. 2372, Pens. Plan Guide P 23,881 Michigan United Food and Commercial Workers Unions and Drug and Mercantile Employees Joint Health and Welfare Fund v. The Muir Company, Inc., an Ohio Corporation and Rite Aid Corporation, a Delaware Corporation
6th Cir. · 1993 · confidence medium
Dixon v. Anderson, 928 F.2d 212, 215 (6th Cir.1991) ( 42 U.S.C. § 1983 claim accrues "when the plaintiff knows or has reason to know of the injury"); Friedman v. Estate of Presser, 929 F.2d 1151, 1159 (6th Cir.1991) (plaintiff in Bivens action has reason to know of his injury when he should have discovered it); Hofstetter v. Fletcher, 905 F.2d 897, 904 (6th Cir.1988) (RICO action accrues when plaintiff knew or should have known of defendant's fraudulent scheme); Au Rustproofing Center, Inc. v. Gulf Oil Corp., 755 F.2d 1231, 1237 (6th Cir.1985) (state fraud action accrues when the fraud was or…
discussed Cited as authority (rule) Robinson v. Central Brass Manufacturing Co. (2×)
6th Cir. · 1993 · confidence medium
Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir.1985).
discussed Cited as authority (rule) Robinson v. Central Brass Manufacturing Company (2×)
6th Cir. · 1993 · confidence medium
Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir.1985).
cited Cited as authority (rule) Edwards v. National Post Office Mail Handlers, Watchmen, Messengers and Group Leaders Div. of Laborers' Intern. Union of North America, AFL-CIO, Local 304
6th Cir. · 1991 · confidence medium
Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir.1985) (per curiam).
discussed Cited as authority (rule) Kilbane v. Ford Motor Company
6th Cir. · 1991 · confidence medium
Under the first instance, plaintiff's cause of action would be time barred under the six month statute of limitations. 8 A claim accrues under section 10(b) "when the claimant discovers, or in the exercise of reasonable diligence should have discovered, the acts constituting the alleged violation." Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir.1985) (per curiam); Fox, 914 F.2d at 803 .
discussed Cited as authority (rule) Fox v. Parker Hannifin Corporation
6th Cir. · 1990 · confidence medium
According to settled law in this circuit, a section 301 claim accrues " 'when the claimant discovers, or in the exercise of reasonable diligence should have discovered, the acts constituting the alleged violation.' " Chrysler Workers Ass'n v. Chrysler Corp., 834 F.2d 573, 581 (6th Cir.1987), cert. denied, 486 U.S. 1033 , 108 S.Ct. 2017 , 100 L.Ed.2d 604 (1988); Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir.1985).
discussed Cited as authority (rule) Fox v. Parker Hannifin Corp.
6th Cir. · 1990 · confidence medium
According to settled law in this circuit, a section 301 claim accrues “ ‘when the claimant discovers, or in the exercise of reasonable diligence should have discovered, the acts constituting the alleged violation.’ ” Chrysler Workers Ass’n v. Chrysler Corp., 834 F.2d 573, 581 (6th Cir.1987), cert. denied, 486 U.S. 1033 , 108 S.Ct. 2017 , 100 L.Ed.2d 604 (1988); Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir.1985).
discussed Cited as authority (rule) Yates v. Memphis Bakery Employers Ass'n
6th Cir. · 1990 · confidence medium
Workers, 769 F.2d 330 , 335 (6th Cir.1985) (citing Shapiro v. Cook United, Inc, 762 F.2d 49, 51 (6th Cir.1985)). 17 McCreedy v. Local Union No. 971, UAW, 809 F.2d 1232, 1236 (6th Cir.1987). 18 In denying plaintiff's motion to amend the order granting defendant's summary judgment, the district court quoted from its prior order and reiterated "that a reasonably prudent claimant would have discovered plaintiff's claim shortly after the February 24, 1987 letter and as such, summary judgment was properly granted in favor of defendant[s]." Plaintiff's claim is barred by the applicable statute of lim…
discussed Cited as authority (rule) Marsh v. Ford Motor Company, Cleveland Casting Plant (2×) also: Cited "see"
6th Cir. · 1989 · confidence medium
See McCreedy v. Local Union No. 971, UAW, 809 F.2d 1232, 1236 (6th Cir.1987); Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir.1985) (per curiam).
discussed Cited as authority (rule) Balsavage v. Ryder Truck Rental, Inc.
D.N.J. · 1989 · confidence medium
Accord Metz v. Tootsie Roll Indus., Inc., 715 F.2d 299, 304 (7th Cir. 1983), cert. denied, 464 U.S. 1070 , 104 S.Ct. 976 , 79 L.Ed.2d 214 (1984); Chrysler Workers Ass’n. v. Chrysler Corp., 834 F.2d 573, 578 (6th Cir.1987), cert. denied, — U.S. -, 108 S.Ct. 2017 , 100 L.Ed.2d 604 (1988); Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir.1985).
discussed Cited as authority (rule) Sixel v. Transportation Communications
D. Minnesota · 1989 · confidence medium
Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir.1985); Metz v. Tootsie Roll Indus., Inc., 715 F.2d 299, 304 (7th Cir.1983), cert. denied, 464 U.S. 1070 , 104 S.Ct. 976 , 79 L.Ed.2d 214 (1984); Amcar Division, ACF Indus., Inc. v. NLRB, 592 F.2d 422 , 430 (8th Cir.1979); Dukes v. Local 7-765, Oil, Chemical & Atomic Workers Int’l Union, 609 F.Supp. 980, 982 (N.D.Ill.1985); Ninham v. Nicolet Paper Co., 583 F.Supp. 1057, 1059 (7th Cir.1984).
discussed Cited as authority (rule) Genco v. United Automobile, Aerospace & Agricultural Workers, Local 1005
N.D. Ohio · 1988 · confidence medium
In Shapiro v. Cook United, Inc., 762 F.2d 49 (6th Cir.1985), the court rejected an argument “that simply relies on his own ignorance of the expressed terms of his own collective bargaining agreement without any other indication that the union ... possibly misled the plaintiff or fraudulently concealed something from the plaintiff.” Id. at 51 (emphasis added).
cited Cited as authority (rule) Salisbury v. Thermatex Corp.
N.D. Ohio · 1988 · confidence medium
Del Costello v. International Brotherhood of Teamsters, 462 U.S. 151, 156 , 103 S.Ct. 2281, 2286 , 76 L.Ed.2d 476 (1983); Shapiro v. Cook United Co., 762 F.2d 49, 51 (6th Cir.1985).
discussed Cited as authority (rule) No. 86-3361 (2×) also: Cited "see"
6th Cir. · 1988 · confidence medium
Sec. 160 (b) ] when the claimant discovers, or in the exercise of reasonable diligence should have discovered, the acts constituting the alleged violation." Adkins, 769 F.2d at 335, citing, Shapiro v. Cook United, 762 F.2d 49, 51 (6th Cir.1985) (per curiam ); Howard v. Lockheed-Georgia Co., 742 F.2d 612, 614 (11th Cir.1984) (per curiam ); Metz v. Tootsie Roll Industries, 715 F.2d 299, 304 (7th Cir.1983), cert. denied, 464 U.S. 1070 [ 104 S.Ct. 976 , 79 L.Ed.2d 214 ] (1984). 37 The district court was not in error, then, in concluding that the New Castle plaintiffs are barred by the statute of l…
discussed Cited as authority (rule) Chrysler Workers Ass'n v. Chrysler Corp. (2×) also: Cited "see"
6th Cir. · 1987 · confidence medium
“A claim accrues under section 10(b) [of the NLRA, 29 UiS.C. § 160(b)] when the claimant discovers, or in the exercise of reasonable diligence should have discovered, the acts constituting the alleged violation.” Adkins, 769 F.2d at 335, citing, Shapiro v. Cook United, 762 F.2d 49, 51 (6th Cir.1985) (per curiam); Howard v. Lockheed-Georgia Co., 742 F.2d 612, 614 (11th Cir.1984) (per curiam); Metz v. Tootsie Roll Industries, 715 F.2d 299, 304 (7th Cir.1983), cert. denied, 464 U.S. 1070 [ 104 S.Ct. 976 , 79 L.Ed.2d 214 ] (1984).
discussed Cited as authority (rule) Knickle v. B.F. Goodrich Co.
6th Cir. · 1987 · confidence medium
Smith v. General Motors Corp., 747 F.2d 372 (6th Cir. 1984) (en banc). 28 The statute of limitations begins to run 'when the claimant discovers, or in the exercise of reasonable diligence should have discovered, the acts constituting the alleged violation.' Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir. 1985) (per curiam).
discussed Cited as authority (rule) Olding v. Casey
S.D. Ohio · 1987 · confidence medium
If the Plaintiffs can demonstrate the elements of fraudulent concealment, the statute of limitations time period would not begin to run until that fraudulent concealment ended. 5 “In order to prove fraudulent concealment, plaintiff must show that he failed to discover facts that serve as the basis of his cause of action despite due diligence on his part to discover the facts, and that the concealment was fraudulently committed by the party or parties sought to be held responsible by the plaintiff.” Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir.1985).
discussed Cited as authority (rule) Williams v. Dayton Police Department
S.D. Ohio · 1987 · confidence medium
“In order to prove fraudulent concealment, plaintiff must show that he failed to discover facts that serve as the basis of his cause of action despite due diligence on his part to discover the facts, and that the concealment was fraudulently committed by the party or parties sought to be held responsible by the plaintiff.” Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir.1985).
discussed Cited as authority (rule) Tol v. General Teamsters Union, Local No. 406
W.D. Mich. · 1987 · confidence medium
See Sevako v. Anchor Motor Freight, Inc., 792 F.2d 570, 575-76 (6th Cir.1986); Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir.1985); Dayco Corp. v. Goodyear Tire & Rubber Co., 523 F.2d 389, 393-94 (6th Cir.1975).
cited Cited as authority (rule) McCreedy v. Local Union No. 971 UAW
6th Cir. · 1987 · confidence medium
Workers, 769 F.2d 330 , 335 (6th Cir.1985) (citing Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir.1985)).
cited Cited as authority (rule) McCREEDY v. LOCAL UNION NO. 971, UAW
6th Cir. · 1987 · confidence medium
Workers, 769 F.2d 330 , 335 (6th Cir.1985) (citing Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir.1985)).
discussed Cited as authority (rule) James Marcus Branch v. Detroit Federation of Teachers Local 231 Detroit Board of Education
6th Cir. · 1986 · confidence medium
See Adkins v. International Union of Electrical, Radio & Machine Workers, AFL-CIO, 769 F.2d 330, 335 (6th Cir.1985); Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir.1985) (per curiam), and cases cited therein.
cited Cited as authority (rule) William Joe Davis v. Ryder Truck Lines, Inc. Truck Drivers, Chauffeurs and Helpers, Local Union No. 100 Larry Middleton Don Bradfield John Doe
6th Cir. · 1986 · confidence medium
Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir. 1985).
examined Cited as authority (rule) Chrysler Workers Ass'n v. Chrysler Corp. (3×)
N.D. Ohio · 1986 · signal: cf. · confidence medium
Cf. Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir.1985) (per curiam).
cited Cited as authority (rule) Conley v. Great Lakes Plastics, Inc.
E.D. Mich. · 1985 · confidence medium
See, e.g., Miller v. Jeep Corp., 774 F.2d 111, 114 (6th Cir.1985); Dowty, 770 F.2d at 56-57 ; Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir.1985).
discussed Cited as authority (rule) Bradford v. General Telephone Co. of Michigan
W.D. Mich. · 1985 · confidence medium
That is, when the employee-plaintiff “discovers, or in the exercise of reasonable diligence should have discovered, the acts constituting the [union’s] alleged violation” of its duty, Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir.1985); or when the employee-plaintiff “is barred from proceeding to the next step in the grievance procedure.” Edie, 546 F.Supp. at 839 n. 5.
discussed Cited as authority (rule) Douglas A. Dowty v. Pioneer Rural Electric Cooperative, Inc., Utility Workers Union of America
6th Cir. · 1985 · confidence medium
See Howard v. Lockheed-Georgia Co., 742 F.2d 612, 614 (11th Cir.1984); Metz v. Tootsie Roll Ind., lnc. , 715 F.2d 299, 304 (7th Cir.1983), cert. denied, — U.S. -, 104 S.Ct. 976 , 79 L.Ed.2d 214 (1984); Santos v. District Council, 619 F.2d 963 , 969 (2d Cir.1980); Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir.) (per curiam); and Northwest Ind. Credit Union v. Salisbury, et al, No. 84-1115 (6th Cir. 7/11/85) (unpublished per curiam).
discussed Cited as authority (rule) Adkins v. International Union of Electrical, Radio & Machine Workers
6th Cir. · 1985 · confidence medium
Shapiro v. Cook United, 762 F.2d 49, 51 (6th Cir.1985) (per curiam); Howard v. Lockheed-Georgia Co., 742 F.2d 612, 614 (11th Cir.1984) (per curiam); Metz v. Tootsie Roll Industries, 715 F.2d 299, 304 (7th Cir.1983), cert. denied, — U.S. -, 104 S.Ct. 976 , 79 L.Ed.2d 214 (1984).
cited Cited "see" Flatford v. International Union United Automobile, Aerospace & Agricultural Implement Workers of America, Local 663
6th Cir. · 2016 · signal: see · confidence high
See Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir. 1985).
cited Cited "see" Reynolds v. United Steelworkers of America
N.D. Ohio · 1996 · signal: see · confidence high
See Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir.1985) (Requirements necessary to demonstrate fraudulent concealment by union in order to toll the six month statute of limitations).
cited Cited "see" Manuel K. Helmbright v. City of Martins Ferry, Ohio
6th Cir. · 1995 · signal: see · confidence high
See Shapiro v. Cook United, Inc., 762 F.2d 49, 51 (6th Cir.1985) (per curiam).
cited Cited "see" Kilbane v. Ford Motor Co.
N.D. Ohio · 1990 · signal: see · confidence high
See Shapiro v. Cook United Inc., 762 F.2d 49 (6th Cir.1985).
Retrieving the full opinion text from the archive…
Jose SHAPIRO, Plaintiff-Appellant,
v.
COOK UNITED, INC., International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Local No. 507, Defendants-Appellees
83-3087.
Court of Appeals for the Sixth Circuit.
May 17, 1985.
762 F.2d 49
James M. Mancini, Lyndhurst, Ohio, for plaintiff-appellant., Frank W. Buck, Duvin, Flinker & Cahn, Douglas Paul, Chattman, Moss, Chattman, Garfield & Friedlander, Cleveland, Ohio, for defendants-appellees.
Merritt, Milburn, Brown.
Cited by 72 opinions  |  Published
PER CURIAM.

This Ohio plaintiff appeals from a district court judgment dismissing his hybrid § 301, Labor Management Relations Act, 29 U.S.C. § 185, suit for being filed beyond the three-month statute of limitations provided under Ohio law. 557 F.Supp. 127. The district court concluded that the three-month time period applied pursuant to Badon v. General Motors Corp., 679 F.2d 93 (6th Cir.1982). It also determined that the employer’s decision to deny the grievance became final and binding on the plaintiff thirty days after it was denied at a grievance hearing held on July 8, 1981. Pursuant to the collective bargaining agreement, Article XIV, §§ 3 & 5, the decision became final when the union chose not to submit the grievance to arbitration within the thirty-day period following the grievance hearing. With the decision becoming final on August 7,1981, the district court concluded that plaintiff’s suit was untimely because he filed it on March 8, 1982, seven months after the employer’s decision became final. In addition, the district court also concluded that the time period had not been tolled because the defendants had not fraudulently concealed any facts pertinent to plaintiff’s cause of action.

On appeal, the plaintiff argues that a one-year Ohio time period should apply to his case. He also argues that he did not reasonably discover that his cause of action had accrued until several lawyers told him in January of 1982 that by the terms of the collective bargaining agreement the time had run for the union to take his case to arbitration. He, therefore, contends that it is unreasonable and erroneous to assume that he had notice of the accrual of his[*51] cause of action by operation of the terms of the collective bargaining agreement.

Subsequent to the district court’s dismissal of the plaintiff’s suit, the Supreme Court decided that the six-month time period contained in § 10(b) of the National Labor Relations Act, 29 U.S.C. § 160(b), applied to control the timeliness of hybrid § 301 suits; DelCostello v. International Brotherhood of Teamsters, 462 U.S. 151, 103 S.Ct. 2281, 76 L.Ed.2d 476 (1983); and, the Sixth Circuit has decided to apply this decision retroactively. Smith v. General Motors Corp., 747 F.2d 372 (6th Cir.1984) (en banc).

In light of these developments, the issue in this case evolves into a two-fold inquiry: did plaintiff’s cause of action accrue by operation of the collective bargaining agreement at the end of the thirty-day deadline for the union to submit plaintiff’s grievance to arbitration; and, was the applicable six-month time period tolled under the equitable doctrine of fraudulent concealment. This Court concludes that the plaintiff’s cause of action did, indeed, accrue by operation of the collective bargaining agreement, and that the time period was not tolled for any reason.

In addressing the question of when this six-month time period contained in § 10(b) of the NLRA started in N.L.R.B. v. Allied Prod. Corp., Richard Bros. Div., 548 F.2d 644 (6th Cir.1977), this Court stated the general rule that the period begins to run when the claimant discovers, or in the exercise of reasonable diligence should have discovered, the acts constituting the alleged violation. Id., at 650. See also Metz v. Tootsie Roll Industries, Inc., 715 F.2d 299, 304 (7th Cir.1983) cert. denied, — U.S. -, 104 S.Ct. 976, 79 L.Ed.2d 214. In the instant case, the plaintiff should have reasonably discovered that his claim had accrued by operation of the collective bargaining agreement. Under similar circumstances, this Court expressly stated in Badon v. General Motors Corp., 679 F.2d at 98, that an employer’s decision will become final through the operation of the collectively bargained-for private system of dispute resolution. In another case on all fours with this one which involved a question of accrual of a § 301 suit, the Seventh Circuit ruled in Metz v. Tootsie Roll Industries, Inc., 715 F.2d at 304, that the plaintiff should have reasonably discovered that his claim had accrued by operation of the collective bargaining agreement when the union decided not to take the matter to arbitration. Finally, in another context, this Court ruled in Campbell v. Upjohn Co., 676 F.2d 1122, 1127 (6th Cir.1982), that the plaintiff’s ignorance of the change in a merger agreement, by itself, did not satisfy the requirement of due diligence and was not, therefore, sufficient to toll the statute of limitations.

In addition, it is clear that the plaintiff has not shown that the defendants fraudulently concealed any facts respecting the accrual or merits of his claims. In order to prove fraudulent concealment, the plaintiff must show that he failed to discover facts that serve as the basis of his cause of action despite due diligence on his part to discover the facts, and that the concealment was fraudulently committed by the party or parties sought to be held responsible by the plaintiff. Diminnie v. United States, 728 F.2d 301, 305 (6th Cir.1984); Campbell v. Upjohn Co., 676 F.2d at 1126-27; Norton-Children’s Hosp. v. James E. Smith & Sons, 658 F.2d 440 (6th Cir.1981). Plaintiff argues that the defendants never told him that there was a thirty-day deadline to submit his grievance to arbitration, and that he never read the collective bargaining agreement. This argument is one that simply relies on his own ignorance of the expressed terms of his own collective bargaining agreement without any other indication that the union or the company possibly misled the plaintiff or fraudulently concealed something from the plaintiff. Under these circumstances, it is clear that his ignorance does not constitute due diligence to discover the operative facts of his claims. Campbell v. Upjohn Co., 676 F.2d at 1126-1127.

For these reasons, this panel unanimously agrees that oral argument is not neces[*52] sary in this appeal. Rule 34(a), Federal Rules of Appellate Procedure. The district court’s judgment is, accordingly, affirmed for the aforementioned reasons pursuant to Rule 9(d)(3), Rules of the Sixth Circuit.