parcel service mitchell argued february decided april respondent employee discharged petitioner employer alleged dishonest acts respondent requested union file grievance contesting discharge agreement provided grievance arbitration procedure resolution covered disputes respondent represented union arbitration hearing resulted decision upholding discharge seventeen months later respondent filed suit federal district union petitioner labor management relations act alleging union breached duty fair representation petitioner discharged stated reasons knew false replace employees employees granted summary judgment defendants ground action barred new york statute limitations actions vacate arbitration awards appeals reversed holding district applied new york limitations period actions held given choices present undesirability results grievance arbitral process suspended limbo long periods district properly chose period bringing action vacate arbitration award cf hines anchor motor freight pp timeliness suit determined matter federal law reference appropriate state statute limitations determination limitations period appropriate depends upon nature federal claim federal policies involved auto workers hoosier cardinal pp although styled one vacate arbitration award respondent suit successful direct effect raised claim raised arbitrators discharged violation agreement sought relief reinstatement full backpay underlying claim employer based agreement indispensable predicate action showing traditional contract law discharge breach agreement instead union breached duty fair representation since arbitrators conclusion agreement binding parties respondent required show union duty represent fairly arbitration breached entitled reach merits contract claim thus suit analogous action vacate arbitration award straight contract action pp employee unfair representation claim union even though employer may ultimately called upon respond damages successful creature labor law developed since enactment general contract law one leading federal policies area relatively rapid disposition labor disputes system industrial heavy emphasis grievance arbitration law shop easily become unworkable decision given meaning content terms agreement even affected subsequent modifications agreement suddenly called question much six years later pp rehnquist delivered opinion burger brennan white marshall blackmun powell joined blackmun filed concurring opinion post stewart filed opinion concurring judgment post stevens filed opinion concurring part dissenting part post bernard segal argued cause petitioner briefs james crawford albert parsonnet filed brief local international brotherhood teamsters chauffeurs warehousemen helpers america respondent rule support petitioner david jaroslawicz argued cause respondent mitchell brief ira leitel briefs amici curiae urging reversal filed albert woll laurence gold michael gottesman robert weinberg american federation labor congress industrial organizations david previant international brotherhood teamsters chauffeurs warehousemen helpers america justice rehnquist delivered opinion called upon case determine state statute limitations period borrowed applied employee action employer labor management relations act stat hines anchor motor freight petitioner parcel service ups employed respondent mitchell respondent car washer facility staten island january respondent discharged dishonest acts including falsifying timecards claiming payment hours work respondent denied charges requested union department store wholesale drivers warehousemen helpers local union union file grievance behalf contesting discharge ups union parties agreement provided grievance arbitration procedure resolution disputes covered agreement app pursuant agreement respondent grievance submitted panel atlantic area parcel grievance committee composed three union three company representatives joint panel cf hines anchor motor freight supra joint panel conducted hearing respondent represented union february announced decision discharge upheld app agreement decision binding parties see seventeen months later july respondent filed complaint district eastern district new york union ups labor management relations act see hines anchor motor freight supra alleged union breached duty fair representation ups discharged stated reasons knew false achieve savings replacing employees employees app ups union moved summary judgment ground action barred new york statute limitations actions vacate arbitration awards section civ prac law mckinney provides application vacate modify arbitration award may made party within ninety days delivery district granted summary judgment favor ups union ruling respondent action properly characterized one vacate arbitration award entered reasoned relief sought expressly denied arbitration award issued result arbitration proceeding effect grant relief sought vacate determination arbitrators app respondent appealed appeals second circuit reversed held district applied new york limitations period actions alleging breach contract civ prac law mckinney reasoned respondent action analogous action issues whether agreement breached whether union contributed breach failure discharge duty fair representation reasoned limitations period provides relatively rapid disposition labor disputes without undermining employee ability vindicate rights actions granted ups petition certiorari ii congress enacted statute limitations governing actions brought pursuant lmra pointed auto workers hoosier cardinal timeliness suit determined matter federal law reference appropriate state statute limitations present task determine limitations period appropriate one provided state law johnson railway express agency depends upon examination nature federal claim federal policies involved see hoosier cardinal supra although respondent style suit one vacate award joint panel successful suit direct effect respondent raises action claim raised joint panel discharged violation agreement seeks relief sought joint panel reinstatement full backpay sum clear dissatisfied simply seeks upset arbitrator decision company wrongfully discharge liotta national forge cert pending appeals purported rely decision hines anchor motor freight decision strongly supports borrowing limitations period actions vacate arbitration awards hines makes clear employee may go behind final binding award agreement seek relief employer union demonstrates union breach duty seriously undermine integrity arbitral process hines rejected suggestion erroneous arbitration decisions must stand face union breach duty suggesting suits sanctioned aptly characterized ones vacate arbitration decisions indeed present writer though dissent merits hines characterized action one vacate arbitration award see also humphrey moore issue characterized whether enjoin implementation decision joint panel true respondent underlying claim employer based agreement contract enough however employee respondent prove discharged violation agreement prevail either company union petitioners must show discharge contrary contract must also carry burden demonstrating breach duty union grievance processes expected hines thus respondent characterization action employer one breach contract ignores significance fact brought district pursuant lmra indispensable predicate action showing traditional contract law discharge breach agreement instead demonstration union breached duty fair representation since conclusion joint panel agreement binding parties respondent required way show union duty represent fairly arbitration breached entitled reach merits contract claim view makes suit analogous action vacate arbitration award straight contract action think unfair representation claim made employee union even though employer may ultimately called upon respond damages successful creature labor law developed since enactment general contract law said hoosier cardinal one leading federal policies area relatively rapid disposition labor disputes cf period nlra policy one reasons hoosier cardinal chose generally shorter period actions based oral contract rather actions upon written contract similar analysis supports adoption shorter period actions vacate arbitration award case important bear mind observations made steelworkers trilogy grievance machinery collective bargaining agreement heart system industrial processing machinery actually vehicle meaning content given collective bargaining agreement steelworkers warrior gulf navigation although present case involves fairly mundane discrete complaint grievance arbitration procedure often processes disputes involving interpretation critical terms agreement affecting entire relationship company union see humphrey moore supra seniority rights employees system heavy emphasis grievance arbitration law shop easily become unworkable decision given meaning content terms agreement even affected subsequent modifications agreement suddenly called question much six years later obviously new york adopted specific statute limitations employee challenges awards joint panel similar body bound apply statute reasoning hoosier cardinal cases generally state limitations periods enacted prior enactment congress necessarily committed prior decisional law choosing among statutes limitations none fit hand glove action lmra given choices present undesirability results grievance arbitral process suspended limbo long periods think district correct chose period imposed new york bringing action vacate arbitration award accordingly judgment appeals reversed footnotes amicus american federation labor congress industrial organizations filed brief arguing cases present courts apply limitations period found national labor relations act distinguishes language hoosier cardinal ground hoosier cardinal involved action union employer actions brought employees union employer pursuant decisions vaca sipes hines anchor motor freight hybrid actions union duty implied nlra decline consider argument since raised either parties see bell wolfish knetsch grant certiorari consider state limitations period borrowed whether borrowing appropriate see pet cert parties considered question limited state limitations period borrow see brief petitioner brief respondent since respondent filed complaint beyond period result obtain case adopt position appeals declined borrow limitations period actions vacate arbitration award part view discharged employees institute actions new york law see soto fact employee bring direct suit vacate arbitration award however mean claim successful effect closely analogous action see johnson railway express agency respondent suggests hines actions might also characterized actions upon statute personal injury actions malpractice actions governed limitations period new york civ prac law mckinney characterizations suffer flaw effort characterize action one breach contract overlook fact arbitration award stands employee relief may awarded company new york typical providing relatively short limitations period actions vacate arbitration awards specific limitations periods actions period days shorter periods longer periods based term see app pet cert federal arbitration act provides limitations period three months particular choice made hoosier cardinal borrow limitations period oral contracts binding case issue hoosier cardinal period oral contracts period written contracts also claim hoosier cardinal one overturn arbitration award justice blackmun concurring join opinion persuaded made correct choice two alternatives presented parties observes applicability national labor relations act never pressed either party considered appeals although find much persuasive justice stewart analysis resolution question properly await development full adversarial record justice stewart concurring judgment believes obligated auto workers hoosier cardinal determine applicable statute limitations case matter federal law reference appropriate state statute limitations believe however constrained hoosier instead deciding two almost equally relevant state limitations periods applies respondent employee claims impose limitations period national labor relations act nlra hoosier involved straightforward damages suit brought union employer labor management relations act lmra congress provided limitations period suits concluded state statute limitations apply careful note deciding appropriate time limits suits brought present suit essentially action damages caused alleged breach employer obligation embodied collective bargaining agreement action closely resembles action breach contract cognizable common law whether suits different present one might call application rules timeliness required decide indicate view whatsoever question case us quite unlike one hoosier hybrid breach duty sui vaca sipes brought employee employer union order set aside final binding determination grievance arrived collectively bargained method resolving grievance therefore direct challenge private settlement disputes agreement moreover unlike hoosier employee complaint rooted solely lmra respondent employee two claims discrete jurisdictional base contract claim employer based duty fair representation derived nlra yet two claims inextricably interdependent prevail either company union must show discharge contrary contract must also carry burden demonstrating breach duty union hines anchor motor freight accordingly plaintiff must prevail upon unfair representation claim may even litigate merits claim employer thus suit case unlike one hoosier likened action breach contract cognizable common law instead amalgam limitations period nlra course latter contains limitations provision although nlra designed limit initiation unfair labor practice claims order safeguard stability agreements policy behind applies equal force context congress enacted nlra protect continuing systems delayed attack bar designed strengthen defend stability bargaining relationships machinists nlrb time limitation reflects balance drawn congress expositor national interest interests employees redressing grievances vindicati ng statutory rights interest industrial peace overall purpose act secure quoting nlrb childs hand concurring course one aspect respondent employee claim case predicated lmra plaintiff establish claim breach duty fair representation may pursue claim unlike hoosier latter action like claim challenge result reached contractual grievance resolution system accordingly policy promoting stability collective bargaining underlying time bar applicable aspect respondent employee case well event two elements respondent employee hybrid action disentangled duty fair representation part parcel claim vaca sipes period passed employee longer able challenge alleged breach duty union precondition maintaining contract action able challenge employer action either finally even appropriate view respondent employee suit case founded solely obliged apply state statute limitations already noted hoosier contemplated suits different present one might call application rules timeliness indicated general context state limitations periods applied employment inconsistent national policy mechanically applied state statute limitations simply limitations period absent federal statute state legislatures devise limitations periods national interests mind duty federal courts assure importation state law frustrate interfere implementation national policies state limitations periods borrowed application inconsistent underlying policies federal statute occidental life ins eeoc respondent employee commenced suit beyond bar nlra agree judgment appeals must reversed see ante recognized numerous occasions duty fair representation implicit national labor relations act see electrical workers foust first recognized statutory duty fair representation steele louisville nashville case arising railway labor act series decisions beginning ford motor huffman concluded duty fair representation applies equally nlra explained derivation principle hines anchor motor freight necessarily wide range reasonableness must allowed statutory bargaining representative serving unit represents ford motor huffman union broad authority negotiating administering effective agreements undoubted humphrey moore without limits collective bargaining system encouraged congress administered nlrb necessity subordinates interests individual employee collective interests employees bargaining unit vaca sipes controlling statutes long interpreted imposing upon bargaining agent responsibility equal scope authority responsibility duty fair representation humphrey moore supra union statutory representative employees subject always complete good faith honesty purpose exercise discretion ford motor huffman supra decided whether breaches duty fair representation necessarily constitute unfair labor practices nlra miranda fuel board ruled violations duty fair representation unfair labor practices either vaca sipes supra found unnecessary decide whether miranda fuel correctly decided simply assume present purposes board correct three concurring justices vaca sipes however stated complaint employee union breached duty fair representation charge unfair labor practice majority courts appeals concluded breach fair representation duty unfair labor practice see newport news nlrb abilene sheet metal nlrb nlrb american postal workers union kesner nlrb kling nlrb truck drivers nlrb app cf denver stereotypers nlrb see nlrb miranda fuel judge medina took position board incorrectly held violation duty fair representation unfair labor practice judge lumbard concurring reach question judge friendly dissented even breaches representation duty unfair labor practices nlra believe proper source determining claims breach duty must raised limitations period clear indication congress judgment claims similar identical character must brought concededly terms directed administrative procedures provided congress resolve unfair labor practices fact congress provide limitations period judicially enforceable action later found implied nlra comparable congressional failure establish time limitation action expressly creates statute cf occidental life ins eeoc case reasonably assumed congressional silence reflects intent apply state statutes limitation action based part rights obligations traceable nlra charge employees machinists formation agreement complaint agreement administration nlra defines collective bargaining required act include grievance procedures part continuing process see nlrb acme industrial held machinists nlrb finding violation inescapably grounded events predating limitations period directly odds purposes time limit need speedy final resolution labor disputes preferably without recourse courts identified today support preference shorter possible state limitations periods ante also supports adoption relatively short period justice stevens concurring part dissenting part action seeks judicial remedy former employer wrongful discharge union breach duty fair representation district granted summary judgment favor defendants employee failure file suit within viewed appropriate period limitations appeals reversed district judgment claims remanded proceedings employer alone sought review therefore stage litigation question properly presented consideration whether appeals chose appropriate new york statute limitations govern employee claim former employer wrongful discharge although agree part resolution question fear failure expressly limit reasoning narrow question presented case may suggest today decision also resolves question whether statute limitations governs employee claim union breach duty fair representation interpretation although understandable light broad language opinion inconsistent procedural posture case addition conceptually unsound concur conclusion appropriate purposes federal labor law characterize employee suit employer action set aside arbitration award arbitration proceeding took place prior litigation employer prevailed precise claim respondent raises judicial proceeding discharge violated agreement employee prevail employer claim necessary effect resulting order undo arbitration award see ante accordingly upholding employer position properly emphasizes importance finality certainty arbitration context properly treats adverse arbitration decision substantial obstacle employee pursuit judicial relief employer employee claim union breach duty fair representation however far different character although claim closely related claim employer two claims nonetheless conceptually distinct claim union may judgment characterized action vacate arbitration award arbitration proceeding indeed resolve employee claim union although union party arbitration acted employee representative joint panel address resolve dispute employee union therefore respect employee action union finality certainty arbitration threatened prospect employee might prevail judicial claim arbitrator decided primary issue presented claim arbitration award need undone even employee ultimately prevails employee claim union properly characterized action vacate arbitration award rather malpractice claim conceptual reason claim may survive even employer able rely arbitration award conclusive determination obligations agreement thus analogy lawyer negligently allows statute limitations run client valid claim may liable client even though original defendant longer exposure cf smart ellis trucking cert denied case agree statute limitations applicable respondent claim former employer statute governing actions vacate modify arbitration awards new york surely follow however statute applicable claim union breach duty fair representation union seek review judgment appeals appropriate decide period limitations applied employee claim however noteworthy justice stewart proposal strain conclude congress intended national labor relations act applied causes action yet divined enacted cf watt alaska post stewart dissenting rests rationale might apply claim union wholly inapplicable claim employer employer accused unfair labor practice sum concur judgment insofar pertains employee action employer union petition review appeals decision employer taken position respect statute limitations governs employee claim union indeed employer vigorously denied question presented case question raised petition certiorari statute limitations applicable mitchell claim employer ups see liotta national forge cir fact mitchell may claim union affect determination statute limitations governs claim employer see liotta national forge supra reply brief petitioner claims closely related prevail employer employee must establish union breached duty fair representation employer breached agreement similarly prevail union employee must prove union breached duty fair representation wishes recover damages union responsible employer breached agreement see infra cf czosek however despite close relationship two claims inseparable indeed although employee case chose sue employer union required free institute suit either one sole defendant see vaca sipes nature employee claim union breached duty fair representation resolved arbitration proceeding arises conduct proceeding arbitration decision favorable employer example discharge breach agreement substantial significance employee suit union necessarily dispositive determination whether employer breached agreement may highly relevant amount damages caused union alleged breach duty necessarily controlling respect threshold question whether breach duty union example solely reasons racial bias union processes discharged employee grievance bad faith union breaches duty fair representation cf steele louisville nashville fact underlying discharge may violated agreement necessarily absolve union liability breach although may limit size employee recovery union thus considering employee claim union evaluate validity employer underlying conduct evaluation central resolution claim liotta national forge cert pending appeals concluded pennsylvania statute limitations governing actions vacate arbitration awards apply employee action employer wrongful discharge however liotta employee filed suit employer union appeals suggested fact significance determining statute limitations apply fact liotta alleges arbitration award invalid due union breach duty fair representation change limitations period suit company union thus clear liotta dissatisfied simply seeks upset arbitrator decision company wrongfully discharge civ prac law mckinney quoted ante address question concerning possible tolling period issue presented case rationale auto workers hoosier cardinal arguably proper statute limitations apply claim civ prac law mckinney governs claims nonmedical malpractice question appropriate statute limitations apply employee claim union properly presented case express definite opinion point note however dismisses suggestion action may characterized malpractice action observation characterization overlook fact arbitration award stands employee relief may awarded company ante emphasis supplied arbitration award stands employee relief may awarded union observation inapplicable claim union section national labor relations act provides whenever charged person engaged engaging unfair labor practice national labor relations board agent agency designated board purposes shall power issue cause served upon person complaint stating charges respect containing notice hearing board member thereof designated agent agency place therein fixed less five days serving said complaint provided complaint shall issue based upon unfair labor practice occurring six months prior filing charge board service copy thereof upon person charge made unless person aggrieved thereby prevented filing charge reason service armed forces event period shall computed day discharge complaint may amended member agent agency conducting hearing board discretion time prior issuance order based thereon person complained shall right file answer original amended complaint appear person otherwise give testimony place time fixed complaint discretion member agent agency conducting hearing board person may allowed intervene said proceeding present testimony proceeding shall far practicable conducted accordance rules evidence applicable district courts rules civil procedure district courts adopted pursuant section title national labor relations act enacted stat although part act time original form contain period limitations stat limitations period upon justice stewart relies added stat six years later decided first series cases recognizing national labor relations act imposes duty fair representation upon unions see ford motor huffman vaca sipes clearly held duty may judicially enforced see generally hines anchor motor freight