auto workers hoosier argued january decided march petitioner union respondent company parties collective bargaining agreement required payment accumulated vacation pay qualified employees upon termination employment june company discharged employees covered agreement without payment action brought indiana courts recover amounts allegedly due dismissed ground complaint insufficient state law almost four years later almost seven years employees discharge union brought action federal district labor management relations act act contains time limitation upon bringing action district viewed action based partly collective bargaining agreement partly oral contract employee held indiana case apply statute limitations governing contracts writing complaint accordingly dismissed untimely appeals affirmed held union may properly sue recover wages vacation pay claimed members pursuant collective bargaining agreement smith evening news pp timeliness suit governing federal provision determined matter federal law reference appropriate state statute limitations pp fact congress provide uniform limitations provision suits require courts invent one state statutes repeatedly supplied periods limitation federal causes action federal legislation silent pp characterization suit one exclusively based written contract application indiana statute limitations conflict federal labor policy pp statute limitations tolled case prior litigation burnett new york central distinguished pp stephen schlossberg argued cause petitioner briefs joseph rauh john silard harry dees argued cause filed brief respondent justice stewart delivered opinion section labor management relations act confers jurisdiction upon federal district courts suits upon collective bargaining contracts nowhere act however provision time limitation upon bringing action questions presented case arise absence provision petitioner union respondent company parties collective bargaining contract within purview contract contained section governing vacations one clause section dealt payment accumulated vacation pay providing employees qualified vacation previous year whose employment terminated reason vacation taken paid vacation time termination june prior expiration contract company terminated employment employees covered agreement pay accumulated vacation pay since date two lawsuits brought recover amounts allegedly due first class action early brought company indiana ruled action impermissible indiana law attempt remedy pleading defect former employees assigned vacation pay claims union representative filed amended complaint form action held improper indiana law thereafter amended complaints employees sought reform reinstitute class action trial held complaint insufficient matter state law dismissed suit june judgment dismissal affirmed appeal johnson hoosier cardinal ind almost four years dismissal lawsuit indiana trial almost seven years employees left company union filed present action district southern district indiana company motion trial dismissed complaint concluding suit barred indiana statute limitations regarded action based partly upon written collective bargaining agreement partly upon oral employment contract employee made held indiana apply hybrid action statute governing contracts writing ind stat ann supp appeals seventh circuit affirmed granted certiorari note outset action properly brought union merit contention union may sue recover wages vacation pay claimed members pursuant terms collective bargaining contract suit among uits violation contracts employer labor organization designed permit conclusion unimpaired fact worker claim may also depend upon existence individual contract employment see case labor board smith evening news rejected view held varying reasons majority association westinghouse salaried employees westinghouse give courts jurisdiction suit brought union enforce employee rights characterized arising separate hiring contracts employer employee although smith case brought individual worker every reason recognize union standing vindicate employee rights contract union obtained recognition fully consistent language labor organization may sue behalf employees represents courts stat indeed union standing vindicate employee rights implements established doctrine union role collective bargaining process end making contract since suit properly brought question timeliness squarely presented clearly federal question suits applicable law federal law courts must fashion policy national labor laws textile workers lincoln mills relying upon statement upon coordinate principle incompatible doctrines local law must give way principles federal labor law teamsters local lucas flour union contends suit barred statute limitations enacted state urged instead devise uniform time limitation close statutory gap left congress teaching cases require bald form judicial innovation lincoln mills instructs fashioning federal law range judicial inventiveness determined nature problem question problems vital implementation federal labor policy command high degree inventiveness courts problem presented however nature true state limitations provisions govern suits suits lack uniform standard timeliness also true subject matter peculiarly one calls uniform law teamsters local lucas flour supra cases defined need uniformity however terms largely inapplicable possibility individual contract terms might different meanings two systems law inevitably exert disruptive influence upon negotiation administration collective agreements neither party certain rights obtained conceded process negotiating agreement made immeasurably difficult necessity trying formulate contract provisions way contain meaning two systems law might someday invoked enforcing contract collective bargain made possibility conflicting substantive interpretation competing legal systems tend stimulate prolong disputes interpretation indeed existence possibly conflicting legal concepts might substantially impede parties willingness agree contract terms providing final arbitral judicial resolution disputes ordering adjusting competing interests process free voluntary collective bargaining keystone federal scheme promote industrial peace state law frustrates effort congress stimulate smooth functioning process thus strikes core federal labor policy teamsters local lucas flour congress provide uniform limitations provision suits argument judicially creating one unless ignore context legislative omission clear congress gave attention limitations problems labor management relations act enacted six months provision govern unfair labor practice proceedings stat ed appreciable controversy context background relationship congress courts question limitations provisions fairly inferred congress left without uniform time limitation expectation courts invent one early held state statutes limitations govern timeliness federal causes action unless congress specifically provided otherwise mccluny silliman pet question another context conclusion remained firm campbell haverhill since time state statutes repeatedly supplied periods limitations federal causes action federal legislation silent question mcclaine rankin cope anderson national bank act chattanooga foundry atlanta sherman act felix civil rights act englander motors ford motor cir clayton act see holmberg armbrecht federal farm loan act yet congress disagreed interpretation silence spoken overturn enacting uniform period limitations stat ed clayton act patent act see also herget central bank background take omission present statute license judicially devise uniform time limitation suits accordingly since federal provision governs hold timeliness suit present one determined matter federal law reference appropriate state statute limitations leaves two subsidiary questions decided indiana limitations provisions governs tolling principle preserve timeliness action union argues timeliness action determined reference indiana statutes federal law precludes reference indiana provision governing contracts writing reference must made instead urged indiana provision governing written contracts ind stat ann contention rests view federal law suit must regarded exclusively bottomed upon written collective bargaining agreement agree characterization action purpose selecting appropriate state limitations provision ultimately question federal law textile workers lincoln mills supra mcclaine rankin supra reason reject characterization state law impose unless characterization unreasonable otherwise inconsistent national labor policy cf reconstruction finance beaver county de sylva ballentine applying principle agree federal law requires action regarded exclusively based upon written contract purposes jurisdiction rejected view suit based solely upon separate hiring contracts frequently oral employer employee smith evening news supra follow however separate contracts employment may taken account characterizing nature specific suit purpose selecting appropriate state limitations provision indeed present case indicates consideration separate contracts purpose entirely acceptable petitioner seeks damages based upon alleged breach vacation pay clause written collective bargaining agreement proof breach measure damages however depend upon proof existence duration separate employment contracts employer aggrieved employees hence suit may fairly characterized one exclusively based upon written contract moreover characterization indiana law imposes upon action lead conflict federal labor policy indeed extent policy manifest labor management relations act supports acceptance characterization adopted six months provision governing unfair labor practice proceedings stat suggests relatively rapid disposition labor disputes goal federal labor law since state statutes limitations governing contracts exclusively writing generally shorter applicable wholly written agreements applicability actions comports goal may course actions characterized fairly based exclusively upon written agreement since many actions wages individual benefits concern employment contracts sort involved reason inhibit achievement identifiable goal labor policy precluding application generally shorter limitations provisions accordingly accept district application indiana statute limitations action cf bernhardt polygraphic steele general mills thus since federal lawsuit filed almost seven years cause action accrued cause barred statute unless statute somehow tolled reason particularized circumstances case contention tolling principle saves life action raised first time event find contention without merit burnett new york central held bringing timely action federal employers liability act state even though venue improper served toll statute limitations contained act primary underpinning burnett however wholly lacking noted case tolling principle necessary implement national policy uniform time bar clearly expressed congress enacted fela limitations provision section labor management relations act establishes policy uniformity expressed national limitations provision moreover unlike plaintiff burnett longer bring timely federal action state dismissed complaint union full three years bring lawsuit federal dismissal state action circumstances difficulty concluding cause action expired june six years arose affirmed footnotes see also rule federal rules civil procedure dowd box courtney steelworkers enterprise wheel car see conley gibson comment chi rev employees case assign claims union presents barrier union standing sue behalf technical requirement conflict one widely recognized purposes congress enacting elimination procedural obstacles suits breach collective bargaining agreements see textile workers lincoln mills meltzer congress state jurisdiction labor relations ii rev cases spoken federal law applicable suits substantive see textile workers lincoln mills need uniformity substantive principles govern suits see teamsters local lucas flour view take problem presented need decide whether statutes limitations substantive procedural see guaranty trust york burnett new york central note need rigidly classify primary remedial extent terms useful need notice lack uniformity limitations provisions unlikely substantial effect upon private definition effectuation substantive primary rights collective bargaining process see wellington labor federal system chi rev compare remarks senator wagner cong rec senator murray cong rec remarks senator smith cong rec mcallister magnolia petroleum held action unseaworthiness combined action jones act apply former shorter period limitations congress prescribed latter mcallister case represents departure tradition discussed text decision rested peculiar configuration federal maritime remedies seaman suing unseaworthiness jones act negligence must single proceeding baltimore phillips occasion mcallister consider whether state period longer provided jones act applied brennan concurring 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 see holmberg armbrecht moviecolor limited eastman kodak cir moore federal practice ed hill state procedural law federal nondiversity litigation harv rev record indicates indiana forum state state operative events occurred neither party suggested limitations provision another state relevant therefore occasion consider whether choice law made accord principle klaxon stentor mfg operation different federal conflict laws rule see richards de sylva ballentine vanston bondholders protective committee green mckenzie irving trust duhme federal deposit ins see also discussion hart wechsler federal courts federal system et seq questions raised case presented state law characterization suit reasonably described nature cause action required application unusually short long limitations period see stat action wages must commenced within sixty days date discharge see campbell haverhill caldwell alabama dry dock shipbuilding cir mishkin variousness federal law competence discretion choice national state rules decision rev neither party suggested cause action accrued date june company terminated employees jobs cf rawlings ray cope anderson moviecolor limited eastman kodak noted also indiana saving statute ind ann stat repl vol union never contended preserves timeliness suit justice white justice douglas justice brennan join dissenting certain principles undisputed case period limitations suits determined federal law since congress made express provision time limitation must fashion governing rule adopting statutes several creates different statutes limitations rather fashioning uniform rule consideration relevant federal state statutes justifies decision part reliance cases decided rules decisions act ed interpreted silence congress mean federal policy adopt local law limitation holmberg armbrecht see chattanooga foundry atlanta campbell haverhill mccluny silliman pet cases also establish silence congress read automatically putting imprimatur state law rather state law applied supplements fulfills federal policy ultimate question federal policy requires see board county holmberg armbrecht association westinghouse salaried employees westinghouse reed concurring specifically quite clear respect suits congressional silence extends question limitations encompasses entirety governing legal principles rather inferring congressional silence state law govern textile workers lincoln mills held federal courts fashion policy national labor laws general federal law applicable suits collective bargaining agreements although lincoln mills recognized state law compatible purpose may resorted order find rule best effectuate federal policy intimate way federal policy furthered adoption different state rules contrary subsequent decisions recognized omprehensiveness inherent process law formulated mandate lincoln mills ore important subject matter peculiarly one calls uniform law teamsters local lucas flour therefore sound basis saying congress silence limitations matter intended state laws apply adopting diverse state laws simply reluctance supply congress omitted courts expected develop law labor contracts case represents another task process reasons however devise uniform time limitation bald form judicial innovation ante cases defining need uniformity suits said limited matters concerning possible application varying systems law inevitably exert disruptive influence upon negotiation administration collective agreements ante pp since according majority lack uniform statute limitations generally effect concludes although uniform provision might well constitute desirable statutory addition justification drastic sort judicial legislation urged upon us ante pp undoubtedly correct stating uniform limitations period desirable suppose example collective bargaining contract dispute one made detroit unit truck drivers true case covered employees discharged without payment accumulated vacation pay suppose employees hired chicago discharged indiana others hired louis cleveland terre haute discharged illinois michigan iowa whatever combinations preferred suppose finally sue indiana federal state simple justice dictates situation right employees different assert federal claim equally available clearly sense justice referring different statutes limitations one employee may barred one year another employee may sue time within six years reason employer operating contract one state bothered stale claims already barred employers moreover decision creates unnecessary complexities opportunities vexatious litigation reflected opinion thus notes situation involving contacts example given federal hearing case required decide whether apply federal forum state conflict laws rules select state governing law ultimately holds federal conflict laws rule govern federal suits additional question presented whether federal conflict laws rule must also applied state courts whether may continue apply conflict laws rule whatever conflict laws rule state federal selected remain difficult task applying rule find state whose limitations statute control cases involving contacts may choose two state statutes choice limitations period suits written contracts period suits oral contracts today decision choice governed state characterization federal action federal delphic opinion characterization unless characterization unreasonable otherwise inconsistent national labor policy ante governing state limitations statute finally determined applied unless period unusually short long ante problems indicated merely illustrative complex questions must decided approach determined several competing state statutes applied whether application reasonable tested federal labor policy undoubtedly fertile imagination counsel conceive additional intricacies desirability single uniform federal statute justice avoid complexities course recognized congress passing statutes majority refers overruled particular areas past refusals fashion uniform rule case decision thus ultimately comes proposition fashioning uniform federal statute involve bald exercise judicial innovation argument difficulty fathoming courts always reluctant create statutes limitations doctrine prescription judgments presumed paid lapse years see gaines miller mcelmoyle cohen pet one example equity applied doctrine laches see holmberg armbrecht dispute concerning whether statute limitations fashioned choice one statute develop substantive law labor contracts undertaken blessing congress seems odd balk establishing single limitations period drawn sources available including relevant federal state statutes undertake canvass think therefore dissent approach adopts thereby creates federal law least one limitations statute state territory many adopts multitude limitations provisions applicable particular type suit opinion suggests example present suit exclusively based upon written contract ante indiana rather statute governed however limitations questions impact negotiation administration collective agreement many instances example parties decide limit contract period bringing suit laws several vary respect enforceability contractual limitations periods particularly asserted agreed period unreasonable see williston contracts jaeger ed note harv rev may assumed test advanced majority uniform federal law fashioned determine validity least circumstances federal law determine cause action arose see cope anderson rawlings ray whether running limitations tolled fraudulent concealment see holmberg armbrecht moviecolor limited eastman kodak cir unfortunately provides enlightenment concerning look limitations period state statute held unreasonable perhaps extremis even approach require kind innovation rejects intimate opinion concerning tolling question mooted opinion