Richard W. Lucas v. Mountain States Tel. & Tel. Commc'ns Workers of Am., Dist. 7, 909 F.2d 419 (10th Cir. 1990). · Go Syfert
Richard W. Lucas v. Mountain States Tel. & Tel. Commc'ns Workers of Am., Dist. 7, 909 F.2d 419 (10th Cir. 1990). Cases Citing This Book View Copy Cite
138 citation events (44 in the last 25 years) across 18 distinct courts.
Strongest positive: Cooper v. TWU/IAM Association (oknd, 2025-10-07)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Cooper v. TWU/IAM Association
N.D. Okla. · 2025 · confidence medium
The Tenth Circuit has explained that, in cases where a union rejects or abandons a grievance, the six month statute of limitations for a hybrid RLA claim begins to run “when the employee knows, or through the exercise of reasonable diligence, should have known of that union’s decision or action.” Lucas v. Mountain States Telephone & Telegraph, 909 F.2d 419, 420-21 (10th Cir. 1990).
discussed Cited as authority (rule) Stewart v. United Parcel Services, Inc. (2×)
D. Kan. · 2021 · confidence medium
(See Response, ECF No. 44 at 1-2.) A hybrid claim in this context is one in which a plaintiff claims both that “an employer 23 Id. at 373 . 24 Id. at 373-74 . 25 Id. at 374 . 26 Lucas v. Mountain States Tel. & Tel., 909 F.2d 419, 420 (10th Cir. 1990) 27 Id. breached a collective bargaining agreement and that a union breached its duty of fair representation,”28 regardless of whether the Union is added as a defendant.29 Here, Plaintiff disagrees his claim is properly classified as a hybrid claim.
cited Cited as authority (rule) Williams v. Washington Metropolitan Area Transit Authority
D.D.C. · 2017 · confidence medium
Jan. 13, 2005) (citing Lucas v. Mountain States Tel. & Tel., 909 F.2d 419, 421 (10th Cir. 1990)) (alterations omitted).
cited Cited as authority (rule) International Brotherhood of Electrical Workers, Local 111 v. Public Service Co.
D. Colo. · 2016 · confidence medium
Lucas v. Mountain States Telephone & Telegraph, 909 F.2d 419, 420-21 (10th Cir.1990).
discussed Cited as authority (rule) Ortega v. New Mexico Legal Aid, Inc.
10th Cir. · 2016 · confidence medium
As the district court recognized, at this point Ms. Ortega cannot show this element. “[W]hen a union represents an employee throughout a grievance procedure, a claim challenging the adequacy of that union’s representation normally does not accrue until the dispute resolution process has been completely exhausted.” Lucas v. Mountain States Tel. & Tel., 909 F.2d 419, 421 (10th Cir.l990) (per curiam).
cited Cited as authority (rule) Sanchez v. Local 660, United Workers of America
E.D.N.Y · 2014 · confidence medium
Br. at 2 (quoting Lucas v. Mountain States Tel. & Tel., 909 F.2d 419, 421-22 (10th Cir.1990); citing Magallanez v. Eng’rs & Scientists, Local 20, 2012 WL 6088302 , at *2-3, 2012 U.S. Dist.
cited Cited as authority (rule) Estate of Rossiter Ex Rel. Rossiter v. Robinson
D. Colo. · 2010 · confidence medium
Lucas v. Mountain States Tel. & Tel, 909 F.2d 419, 420 (10th Cir.1990); Fed.R.Civ.P. 56(c).
cited Cited as authority (rule) Werden v. Allstate Insurance Co.
D. Colo. · 2009 · confidence medium
Lucas v. Mountain States Tel. & Tel., 909 F.2d 419, 420 (10th Cir.1990); Fed.R.Civ.P. 56(c).
discussed Cited as authority (rule) Golan v. Holder
D. Colo. · 2009 · confidence medium
Mares v. ConAgra Poultry Co., Inc., 971 F.2d 492, 494 (10th Cir.1992); Lucas v. Mountain States Tel. & Tel, 909 F.2d 419, 420 (10th Cir.1990); Fed.R.CivP. 56(c). *1172 In a motion for summary judgment, I view the evidence “through the prism of the substantive evidentiary burden.” Liberty Lobby, supra, 477 U.S. at 254, 106 S.Ct. 2505 .
discussed Cited as authority (rule) Liles v. Washington Tru Solutions, LLC
10th Cir. · 2008 · confidence medium
The general rule is that “the limitation period begins to run when an employee knows or in the exercise of reasonable diligence should have known or discovered the acts constituting the union’s alleged violations.” Lucas v. Mountain States Tel. & Tel., 909 F.2d 419, 420-21 (10th Cir.1990) (per curiam).
discussed Cited as authority (rule) Plunkett v. Smurfit-Stone Container Corp. (2×)
6th Cir. · 2007 · confidence medium
Lucas v. Mountain States Tel. & Tel, 909 F.2d 419, 421 (10th Cir.1990) (collecting cases where courts have held that the six-month limitation period begins to run when the employee knows or should have known of the union’s decision to reject or abandon the claims of the aggrieved employee).
cited Cited as authority (rule) Linville v. UNITED AUTO WORKERS OF AMERICA
S.D.W. Va · 2006 · confidence medium
Lucas v. Mountain States Telephone & Telegraph, 909 F.2d 419, 421-22 (10th Cir.1990); Ryder v. Philip Moms, Inc., 946 F.Supp. 422, 433 (E.D.Va.1996).
cited Cited as authority (rule) Podobnik v. US Postal Ser
3rd Cir. · 2005 · confidence medium
Cir. 1998), or (2) in good faith, the plaintiff attempts to exhaust the applicable grievance procedures, see Lucas v. Mountain States Tel. & Tel., 909 F.2d 419, 421-22 (10th Cir. 1990).
discussed Cited as authority (rule) Philip J. Podobnik v. United States Postal Service National Rural Letter Carriers Association John E. Potter, Postmaster General of the United States
3rd Cir. · 2005 · confidence medium
NRLCA urges us to adopt an approach where the statute of limitations period may be tolled if (1) the plaintiff is fraudulently induced to delay filing his suit, see Simmons v. Howard Univ., 157 F.3d 914, 917 (D.C.Cir.1998), or (2) in good faith, the plaintiff attempts to exhaust the applicable grievance procedures, see Lucas v. Moun *594 tain States Tel. & Tel., 909 F.2d 419, 421-22 (10th Cir.1990).
cited Cited as authority (rule) Podobnik v. US Postal Ser
3rd Cir. · 2005 · confidence medium
Cir. 1998), or (2) in good faith, the plaintiff attempts to exhaust the applicable grievance procedures, see Lucas v. Mountain States Tel. & Tel., 909 F.2d 419, 421-22 (10th Cir. 1990).
discussed Cited as authority (rule) Douglass v. General Motors Corp.
D. Kan. · 2005 · confidence medium
See Edwards, 46 F.3d at 1052 ; Aguinaga v. United Food & Commercial Workers Int’l Union, 993 F.2d 1463, 1472 (10th Cir.1993); Lucas v. Mountain States Tel. & Tel., 909 F.2d 419, 420 (10th Cir.1990); Rucker v. St.
discussed Cited as authority (rule) Douglass v. United Auto Workers, Local 31
D. Kan. · 2005 · confidence medium
See Edwards, 46 F.3d at 1052 ; Aguinaga v. United Food & Commercial Workers Int’l Union, 993 F.2d 1463, 1472 (10th Cir.1993); Lucas v. Mountain States Tel. & Tel., 909 F.2d 419, 420 (10th Cir.1990); Rucker v. St.
discussed Cited as authority (rule) Texas a & M University, Corpus Christi v. Vanzante
Tex. App. · 2005 · confidence medium
As the court explained, “requiring exhaustion of the grievance process is appropriate because the arbitration award may make the employee whole, in spite of even the most egregious union failures.” Id. at 222 (citing Lucas v. Mountain States Tel. & Tel., 909 F.2d 419, 421 (10th Cir.1990) (per cu-riam)).
cited Cited as authority (rule) Pulliam v. United Auto Workers
W.D. Wis. · 2005 · confidence medium
“Application of this general rule turns on the context in which the claim arose.” Lucas v. Mountain States Telephone & Telegraph, 909 F.2d 419, 421 (10th Cir.1990).
discussed Cited as authority (rule) Poole v. Southwestern Bell Telephone L.P.
10th Cir. · 2003 · confidence medium
In a case such as this one in which a union rejects or abandons an employee’s claim during the grievance process, the six-month limitations period begins to run when the employee knew or “should have known ... through the exercise of reasonable diligence that the Union had abandoned [her] grievance claim.” Lucas v. Mountain States Tel. & Tel., 909 F.2d 419, 422 (10th Cir.1990).
discussed Cited as authority (rule) Spaulding v. United Transportation Union
10th Cir. · 2002 · confidence medium
Because we explain below that their claim accrued before December 2, 1998 and thus more than six months before they brought suit, their claim is time barred unless the statute of limitations was tolled. 31 It has long been established that a duty-of-fair-representation claim accrues and "the limitation period begins to run when an employee `knows or in the exercise of reasonable diligence should have known or discovered the acts constituting the union's alleged violations'" (Edwards v. Int'l Union, United Plant Guard Workers of Am., 46 F.3d 1047, 1053 (10th Cir. 1995), quoting Lucas v. Mountai…
discussed Cited as authority (rule) Spaulding v. United Transportation Union
10th Cir. · 2002 · confidence medium
It has long been established that a duty-of-fair-representation claim accrues and “the limitation period begins to run when an employee ‘knows or in the exercise of reasonable diligence should have known or discovered the acts constituting the union’s alleged violations’ ” (Edwards v. Int’l Union, United Plant Guard Workers of Am., 46 F.3d 1047, 1053 (10th Cir.1995), quoting Lucas v. Mountain States Tel. & Tel., 909 F.2d 419, 420-21 (10th Cir.1990) (per curiam)).
discussed Cited as authority (rule) Hartwick v. District Lodge 70, International Ass'n of MacHinists & Aerospace Workers (2×)
D. Kan. · 2001 · confidence medium
The limitations period “begins to run when the employee ‘knows or in the exercise of reasonable diligence should have known or discovered the acts constituting the union’s alleged violations.’ ” Edwards, 46 F.3d at 1053 (quoting Lucas v. Mountain States Telephone & Telegraph, 909 F.2d 419, 420-21 (10th Cir.1990)).
discussed Cited as authority (rule) Sims v. Boeing Company
10th Cir. · 2000 · confidence medium
Next, the district court acknowledged that, as an exception to an exclusive grievance remedy, section 301 of the Labor Management Relations Act, 29 U.S.C. § 185 , permits judicial review of “hybrid” suits where the employee alleges both that the employer breached the collective bargaining agreement and that the union breached its duty of fair representation. -4- See Lucas v. Mountain States Tel. & Tel. , 909 F.2d 419, 420 (10th Cir. 1990).
discussed Cited as authority (rule) Sims v. Boeing Co.
D. Kan. · 1999 · confidence medium
“In DelCostello v. International Bhd. of Teamsters, 462 U.S. 151, 154-55 , 103 S.Ct. 2281, 2285 , 76 L.Ed.2d 476 (1983), the Supreme Court held that the six-month statute of limitations prescribed by section 10(b) of the National Labor Relations Act, 29 U.S.C. § 160 (b), applies to hybrid suits under section 301.” Lucas v. Mountain States Tel. & Tel., 909 F.2d 419, 420 (10th Cir.1990).
discussed Cited as authority (rule) Simmons, Sebastian C v. Howard Univ
D.C. Cir. · 1998 · confidence medium
The statute of limitations for a hybrid s 301 claim may be tolled when the plaintiff is fraudulently induced to delay filing his suit, see Demchik v. General Motors Corp., 821 F.2d 102, 105 (2d Cir. 1987) or in good faith attempts to exhaust grievance procedures, see Lucas v. Mountain States Tel. & Tel., 909 F.2d 419, 421-22 (10th Cir. 1990).
discussed Cited as authority (rule) Sebastian C. Simmons v. Howard University and Metropolitan Special Police Officers Federation
D.C. Cir. · 1998 · confidence medium
The statute of limitations for a hybrid § 301 claim may be tolled when the plaintiff is fraudulently induced to delay filing his suit, see Demchik v. General Motors Corp., 821 F.2d 102, 105 (2d Cir.1987) or in good faith attempts to exhaust grievance procedures, see Lucas v. Mountain States Tel. & Tel., 909 F.2d 419, 421-22 (10th Cir.1990).
discussed Cited as authority (rule) Lohf v. Runyon
D. Kan. · 1998 · confidence medium
DelCostello, 462 U.S. at 169-171 ; Cohen v. Flushing Hospital and Medical Center, 68 F.3d 64, 67 (2nd Cir.1995); Lucas v. Mountain States Telephone & Telegraph, 909 F.2d 419, 420 (10th Cir.1990). “[A]n employee’s cause of action for breach of the duty of fair representation accrues when ‘the grievance procedure [is] exhausted or otherwise [breaks] down to the employee’s disadvantage.’ ” Cook v. Columbian Chemicals Co., 997 F.2d 1239, 1241 (8th Cir.1993) quoting, Proudfoot v. Seafarer’s International Union, 779 F.2d 1558, 1559 (11th Cir. 1986); see also, Gustafson v. Cornelius Co.…
discussed Cited as authority (rule) Williams v. Chrysler Corp.
D. Del. · 1998 · confidence medium
Further, although other circuits have held that, “[i]f the ... employee ... pursues his nonjudicial remedies in good faith, the limitations period is tolled until the nonjudieial proceedings are completed,” see, e.g., Lancaster v. Air Line Pilots Association Int'l, 76 F.3d 1509, 1528 (10th Cir.1996) (citing Lucas v. Mountain States Tel. & Tel., 909 F.2d 419, 421-22 (10th Cir.1990)); Galindo v. Stoody Co. et. al., 793 F.2d 1502, 1510 (9th Cir.1986); Adkins v. Int'l Union of Electrical Radio & Machine Workers, 769 F.2d 330 , 336 (6th Cir.1985), these cases are inapposite to the present case.
examined Cited as authority (rule) Arnold v. Air Midwest, Inc. (4×) also: Cited "see"
10th Cir. · 1996 · confidence medium
The general rule is that “the limitation period begins to run when an employee knows or in the exercise of reasonable diligence should have known or discovered the acts constituting the union’s alleged violations.” Lucas v. Mountain States Tel. & Tel., 909 F.2d 419, 420-21 (10th Cir.1990) (per curiam).
cited Cited as authority (rule) Moreland v. Evans
10th Cir. · 1996 · confidence medium
Lucas v. Mountain States Tel. & Tel., 909 F.2d 419, 420 (10th Cir.1990).
discussed Cited as authority (rule) John L. Lancaster v. Air Line Pilots Association International United Airlines, Inc.
10th Cir. · 1996 · confidence medium
Crawford, 870 F.2d at 159 ; see Volkman, 73 F.3d at 1054 (“ordinarily, a plaintiff must exhaust internal union appeals before filing suit, and the statute of limitations is tolled during those appeals”); Lucas v. Mountain States Tel. & Tel., 909 F.2d 419, 421-422 (10th Cir.1990) (“in duty-of-fair-representation cases in which the alleged breach of duty arises outside the context of processing a grievance, courts have held that accrual of such a claim can be tolled by an employee’s good faith attempt to exhaust the grievance procedures”).
cited Cited as authority (rule) Sutherland v. Day & Zimmerman, Inc.
D. Kan. · 1995 · confidence medium
Lucas v. Mountain States Tel. & Tel., 909 F.2d 419, 420-21 (10th Cir.1990) (per curiam).
examined Cited as authority (rule) Jerry L. Edwards v. International Union, United Plant Guard Workers of America (Upgwa) and Its Affiliated Local 796 (3×) also: Cited "see"
10th Cir. · 1995 · confidence medium
There we adopted the general rule that the limitation period begins to run when an employee “knows or in the exercise of reasonable diligence should have known or discovered the acts constituting the union’s alleged violations.” Id. at 420-21 (citations omitted).
discussed Cited as authority (rule) Claude C. Williams v. National Association of Letter Carriers of the USA Paul C. Davis, and Barry Purdy, Individuals
10th Cir. · 1994 · confidence medium
As to the claims against Davis and Purdy, they alleged that at all times they were serving, respectively, as business agent and shop steward for Union, performing union duties. 4 In accordance with our opinion in Lucas v. Mountain States Tel. & Tel., 909 F.2d 419, 420 (10th Cir.1990), the district court found that the six-month statute of limitations prescribed by section 10(b) of the National Labor Relations Act, 29 U.S.C. 160(b), applied to "hybrid" suits under section 301 of the Labor Management Relations Act, 29 U.S.C. 185 (1982), inasmuch as plaintiff alleged breach of a collective bargai…
discussed Cited as authority (rule) Herrera v. International Union, United Automobile, Aerospace & Agricultural Implement Workers
D. Kan. · 1994 · confidence medium
Moreover, the six-month period “begins to run when an employee knows or in the exercise of reasonable diligence should have known or discovered the acts constituting the union’s alleged violations.” Lucas v. Mountain States Telephone & Telegraph, 909 F.2d 419, 420-21 (10th Cir.1990) (citations omitted).
cited Cited as authority (rule) Shawn C. Pride, Plaintiff-Counter-Defendant-Appellant v. Various John Does, Trooper Jan Lamb, Defendant-Counter-Claimant-Appellee
10th Cir. · 1993 · confidence medium
Lucas v. Mountain States Tel. & Tel., 909 F.2d 419, 420 (10th Cir.1990).
cited Cited as authority (rule) Aguinaga v. United Food & Commercial Workers International Union
10th Cir. · 1993 · confidence medium
Lucas v. Mountain States Tel. & Tel., 909 F.2d 419, 421-22 (10th Cir.1990).
cited Cited as authority (rule) Aguinaga v. United Food And Commercial Workers
10th Cir. · 1993 · confidence medium
Lucas v. Mountain States Tel. & Tel., 909 F.2d 419, 421-22 (10th Cir.1990).
discussed Cited as authority (rule) Charles Mock v. T.G. & Y. Stores Co., an Oklahoma Corporation, Household International, Inc., a Delaware Corporation, Household Merchandising, Inc., an Ohio Corporation, Jim L. Clymer v. T.G. & Y. Stores Co., an Oklahoma Corporation, Household International, Inc., a Delaware Corporation, Household Merchandising, Inc., an Ohio Corporation, Gary Bailey, Dwayne Hope, Jimmy Hope, Patty Hudson, Glenda Morton, Charles Edwards Owens, Victor E. Silva, Kim Louise Souders v. T.G. & Y. Stores Co., an Oklahoma Corporation, Household International, Inc., a Delaware Corporation, Household Merchandising, Inc., an Ohio Corporation, the General Drivers, Chauffeurs, Helpers, Local Union 886, Affiliated With the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Gary Bailey, Dwayne Hope, Jimmy Hope, Patty Hudson, Glenda Morton, Charles Edwards Owens, Victor E. Silva, Kim Louise Souders v. T.G. & Y. Stores Co., an Oklahoma Corporation, Household International, Inc., a Delaware Corporation, Household Merchandising, Inc., an Ohio Corporation, and the General Drivers, Chauffeurs, Helpers, Local Union 886, Affiliated With the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (2×)
10th Cir. · 1992 · confidence medium
Applied Genetics Int'l, Inc. v. First Affiliated Sec., Inc., 912 F.2d 1238 , 1241 (10th Cir.1990); Lucas v. Mountain States Tel. & Tel., 909 F.2d 419, 420 (10th Cir.1990) (per curiam); Barnson v. United States, 816 F.2d 549, 552 (10th Cir.), cert. denied, 484 U.S. 896 , 108 S.Ct. 229 , 98 L.Ed.2d 188 (1987); Osgood v. State Farm Mut.
discussed Cited as authority (rule) Mock v. T.G. & Y. Stores Co. (2×)
10th Cir. · 1992 · confidence medium
Applied Genetics Int’l, Inc. v. First Affiliated Sec., Inc., 912 F.2d 1238 , 1241 (10th Cir.1990); Lucas v. Mountain States Tel. & Tel., 909 F.2d 419, 420 (10th Cir.1990) (per curiam); Bamson v. United States, 816 F.2d 549 , 552 (10th Cir.), cert. denied, 484 U.S. 896 , 108 S.Ct. 229 , 98 L.Ed.2d 188 (1987); Osgood v. State Farm Mut.
cited Cited as authority (rule) Rasmussen v. Department of Air Force
10th Cir. · 1992 · confidence medium
Lucas v. Mountain States Tel. & Tel., 909 F.2d 419, 420 (10th Cir.1990).
cited Cited as authority (rule) Donald Frohmader v. Deputy D. Wayne
10th Cir. · 1992 · confidence medium
Lucas v. Mountain States Tel. & Tel., 909 F.2d 419, 420 (10th Cir.1990).
discussed Cited as authority (rule) Larry Whitaker v. Pacific Enterprises Oil Company (Usa), a Corporation
10th Cir. · 1992 · confidence medium
Lucas v. Mountain States Tel. & Tel., 909 F.2d 419, 420 (10th Cir.1990). 6 Under the FLSA, a plaintiff must demonstrate that he was "employed" by the defendant/employer in order to prove a violation. 29 U.S.C. § 207 (a)(1).
discussed Cited as authority (rule) Guthrie v. Hewlett-Packard Co. Employee Benefits Organization
D. Colo. · 1991 · confidence medium
Metz v. United States, 933 F.2d 802, 804 (10th Cir.1991), petition for cert, filed (Aug. 12, 1991) (No. 91-260); Lucas v. Mountain States Telephone & Telegraph, 909 F.2d 419, 420 (10th Cir. 1990); Martin v. Board of County Com’rs of Pueblo County, 909 F.2d 402 , 404 (10th Cir.1990).
cited Cited as authority (rule) Mares v. Conagra Poultry Co., Inc.
D. Colo. · 1991 · confidence medium
Co., 909 F.2d 419, 420 (10th Cir.1990).
cited Cited as authority (rule) Smith v. Denver Public School Board
D. Colo. · 1991 · confidence medium
Lucas v. Mountain States Telephone & Telegraph, 909 F.2d 419, 420 (10th Cir.1990); Martin v. Board of County Com’rs of Pueblo County, 909 F.2d 402 , 404 (10th Cir.1990).
cited Cited as authority (rule) Frohmader v. Wayne
D. Colo. · 1991 · confidence medium
Lucas v. Mountain States Telephone & Telegraph, 909 F.2d 419, 420 (10th Cir.1990); Martin v. Board of County Com’rs of Pueblo County, 909 F.2d 402 , 404 (10th Cir.1990).
discussed Cited as authority (rule) Stahl v. Sun Microsystems, Inc.
D. Colo. · 1991 · confidence medium
Fed.R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 327 , 106 S.Ct. 2548, 2554 , 91 L.Ed.2d 265 (1986); Lucas v. Mountain States Telephone & Telegraph, 909 F.2d 419, 420 (10th Cir.1990); Martin v. Board of County Comm’rs, 909 F.2d 402 , 404 (10th Cir. 1990); Bishop v. Federal Intermediate *1396 Credit Bank, 908 F.2d 658, 660 (10th Cir. 1990); Torrez v. Public Serv.
cited Cited as authority (rule) Torke v. Federal Deposit Insurance Ex Rel. Silverado Banking
D. Colo. · 1991 · confidence medium
Lucas v. Mountain States Telephone & Telegraph, 909 F.2d 419, 420 (10th Cir.1990); Martin v. Board of County Comm’rs, 909 F.2d 402 , 404 (10th Cir.1990).
Retrieving the full opinion text from the archive…
Richard W. LUCAS, Plaintiff-Appellant,
v.
MOUNTAIN STATES TELEPHONE & TELEGRAPH; Communications Workers of America, District 7, Defendants-Appellees
89-1157.
Court of Appeals for the Tenth Circuit.
Jul 30, 1990.
909 F.2d 419
William E. Benjamin, Boulder, Colo., for plaintiff-appellant., Coleman M. Connolly, Denver, Colo., for defendant-appellee Mountain States Tel. and Tel. Co., Gerard C. Boyle, Susan J. Tyburski of Boyle and Tyburski, Denver, Colo., for defendant-appellee Communications Workers of America, District 7.
Logan, Jones, Seymour.
Cited by 78 opinions  |  Published
PER CURIAM.

Richard W. Lucas, a former employee of Mountain States Telephone & Telegraph Company (Mountain States), brought this action against Mountain States and his collective bargaining agent, the Communication Workers of America (Union). Lucas alleged that Mountain States breached the collective bargaining agreement it had with the Union by discharging him in violation of section 301 of the Labor Management Relations Act, 29 U.S.C. § 185 (1982), and that the Union, by inadequately representing him in the subsequent grievance proceedings, breached its duty of fair representation. The district court dismissed the action on summary judgment as barred by the applicable statute of limitations, and this appeal followed. [1] We affirm.

This court reviews a grant of summary judgment under the same standard applied by the trial court. Osgood v. State Farm Mut. Auto Ins. Co., 848 F.2d 141, 143 (10th Cir.1988). Summary judgment “shall be rendered forthwith if ... there is no genuine issue as to any material fact and ... the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). The evidence in the record must be viewed in the light most favorable to the party opposing the motion. Maughan v. SW Servicing, Inc., 758 F.2d 1381, 1387 (10th Cir.1985).

The facts pertinent to this appeal are undisputed. Lucas was terminated from his employment on February 23, 1987. The grievance he filed pursuant to the collective bargaining agreement was pursued through the three preliminary stages of the grievance mechanism. At each stage, Mountain States and the Union failed to reach an agreement satisfactory to Lucas. After the third stage, the Union elected not to seek arbitration, as permitted under the collective bargaining agreement, and mailed Lucas a Grievance Status Report dated May 8, 1987, which stated in part that “[t]he Union closed the grievance in disagreement, and no further action will be taken.” Lucas read the report on May 14, 1987, and took no further action until he filed his complaint on December 7, 1987.

In DelCostello v. International Bhd. of Teamsters, 462 U.S. 151, 154-55, 103 S.Ct. 2281, 2285, 76 L.Ed.2d 476 (1983), the Supreme Court held that the six-month statute of limitations prescribed by section 10(b) of the National Labor Relations Act, 29 U.S.C. § 160(b), applies to hybrid suits under section 301 which, as here, charge that an employer breached a collective bargaining agreement and that a union breached its duty of fair representation. The Court in DelCostello did not decide when the six-month period begins to run. In this case, the district court concluded that Lucas’ cause of action accrued when he read the Grievance Status Report on May 14, 1987, and that the complaint, filed approximately seven months later, was therefore untimely. On appeal, Lucas essentially argues that the six-month limitation period began to run only after the time period within which his Union could seek arbitration had expired, which according to Lucas occurred on June 7, 1987.

This court has never directly addressed the question of what events signal the commencement of the limitation period in hybrid section 301 suits. Courts which have considered the question have generally held that the limitation period begins to run when an employee knows or in the exercise[*421] of reasonable diligence should have known or discovered the acts constituting the union’s alleged violations. Ghartey v. Saint John’s Queens Hosp., 869 F.2d 160, 165 (2d Cir.1989); Sosbe v. Deleo Elecs. Div. of G.M.C., 830 F.2d 83, 87 (7th Cir.1987); McCreedy v. Local Union No. 971, UAW, 809 F.2d 1232, 1236 (6th Cir.1987); Galindo v. Stoody Co., 793 F.2d 1502, 1509 (9th Cir.1986); Dowty v. Pioneer Rural Elec. Coop., Inc., 770 F.2d 52, 56-57 (6th Cir.), cert. denied, 474 U.S. 1021, 106 S.Ct. 572, 88 L.Ed.2d 557 (1985); Samples v. Ryder Truck Lines, Inc., 755 F.2d 881, 887 (11th Cir.1985); McLinn v. Boeing Co., 715 F.Supp. 1024, 1029 (D.Kan.1989).

Application of this general rule turns on the context in which the claim arose. In the simplest case, a union rejects or abandons the claims of an aggrieved employee at some point in the grievance process. In such situations, courts have uniformly held that the six-month limitation period begins to run when the employee knows or, through the exercise of reasonable diligence, should have known of that union’s decision or action. See, e.g., Sosbe, 830 F.2d at 87 (hybrid claim accrued when employee “informed ... that the union would not pursue her grievance”); Demchik v. General Motors Corp., 821 F.2d 102, 105-06 (2d Cir.1987) (hybrid claim based on union’s failure to file notice of appeal in grievance procedure did not accrue until employee “apprised” of union’s failure); McCreedy, 809 F.2d at 1236 (“[T]he employee’s hybrid cause of action may arise when the union takes an unequivocal position that it will not seek arbitration.”); Richards v. Local 134, Int’l Bhd. of Elec. Workers, 790 F.2d 633, 636 (7th Cir.1986) (“The cause of action accrues [in hybrid suit] from the time ... the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, that no further action would be taken on his grievance.”); King v. New York Telephone Co., 785 F.2d 31, 34-36 (2d Cir.1986) • (hybrid claim did not accrue until employee “knew or had reason to know of” union’s failure to make timely demand for arbitration); Harper v. San Diego Transit Corp., 764 F.2d 663, 669 (9th Cir.1985) (hybrid claim accrued “the day that [employee] re-céived, [union’s] letter that it would not pursue arbitration of [employee’s] discharge”); Taylor v. Ford Motor Co., 761 F.2d 931, 934 (3rd Cir.1985) (“[H]ybrid section 301 action accrues ... when the union .unequivocally refuses to assist [employee]”), ce rt. denied, 474 U.S. 1081, 106 S.Ct. 849, 88 L.Ed.2d 890 (1986).

On the other hand, when a union represents an employee throughout a grievance procedure, á claim challenging the adequacy of that union’s representation normally does not accrue until the dispute resolution process has been completely exhausted. See, e.g., Ghartey, 869 F.2d at 163-64 (when union represented employee throughout grievance and arbitration proceedings, hybrid cause of action does not accrue until “there has been ... decision issued in the arbitration”); Galindo, 793 F.2d at 1509 (“[W]here a duty of fair representation suit seeks to overturn an unfavorable arbitration award on the ground that the union committed errors in the arbitration proceedings, the claim accrues when the employee learns of the arbitrator’s award.”); Dowty, 770 F.2d at 56-57 (hybrid cause of action accrued when employee “learned of arbitrator’s award”); Samples, 755 F.2d at 887 n. 7 (“Because questions as to the union’s breach of its duty of fair representation usually arise in an action to overturn an unfavorable arbitration award, knowledge of the union’s breach can normally be attributed to the employee at the moment when he learns of the unfavorable award.”). Exhaustion of the grievance process is appropriate in such cases because the possibility exists that an employee could be made whole by the grievance process and therefore have no claim against his union even if his union failed to exercise due care. See Ghartey, 869 F.2d at 163.

Similarly, in duty-of-fair-representation cases in which the alleged breach of duty arises outside the context of processing a grievance, courts have held that accrual of such a claim can be tolled by an employee’s good faith attempt to exhaust[*422] the grievance procedures. Galindo, 793 F.2d at 1509-10 (“[A] fair representation claim not. based on how a grievance is presented to an arbitrator is tolled while good faith attempts are made to resolve that claim through grievance procedures.”); Adkins v. International Union of Elec., Radio & Mach. Workers, 769 F.2d 330, 336 (6th Cir.1985) (“But where the union’s alleged breach of duty is in a nongrievance context, as here, the employees’ good-faith attempt to exhaust their contractual remedies will prevent the accrual of their action.”); see also Frandsen v. Brotherhood of Railway, Airline & Steamship Clerks, 782 F.2d 674, 681 (7th Cir.1986) (hybrid claim tolled “by the pursuit of internal union remedies, even where those remedies are ultimately determined to have been futile”). To hold otherwise, according, to these courts, would undermine the national policy favoring nonjudicial resolution of labor disputes by penalizing an employee who seeks to resolve his dispute through the grievance process before filing suit in federal court. Galindo, 793 F.2d at 1510; Adkins, 769 F.2d at 336.

In this case, we are confronted with an ordinary situation in which a union abandoned an employee during the grievance process. Thus, the decisive issue here is whether Lucas knew or should have known of the Union’s decision more than six months before this action was brought. Lucas argues that the Grievance Status Report, the reading of which the district court relied on as signaling the commencement of the limitation period, did not provide sufficient notice because it did not expressly state that the Union would not pursue arbitration. This argument is obviously untenable since the Grievance Status Report was, at the very least, sufficient to cause a reasonable person to inquire further into the Union’s decision. Thus, even if we were to make the dubious assumption that actual knowledge of the Union’s decision could not be attributed to Lucas through the Grievance Status Report, Lucas still should have known on May 14, 1987, through the exercise of reasonable diligence that the Union had abandoned his grievance claim.

Accordingly, the judgment of the United States District Court for the District of Colorado is AFFIRMED.

1

. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.