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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4471
Experience:  Exclusively practice labor and employment law.
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can i get an extension to file a lmrda lawsuit against my union?

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can i get an extension to file a lmrda lawsuit against my union? does the 6 months toll after ALL internal remedies are exhausted or somehow prior? can the evidence predate the 6 months if the internal process took longer?
Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today. The six months in your case bean to count on 7/1/13. The law clearly states in section 101(4) that a member may be made to exhaust all internal procedures before filing a civil suit. Technically, you're union procedure was tardy in that it should have been complete in no more than 4 years. But, it was final on 7/1/13. So you have 6 months from that date to file in court.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

Customer: replied 3 years ago.

ok that is what i thought so ALL evidence of misconduct of and relating to my complaint has no time limit correct? since the whole thing began in october i can bring evidence from that point forward right?

Joe, correct, there is no time limit on the evidence of the conduct. As long as the evidence would have been timely when you began the union procedure such evidence and any even older continuing violations can be used as evidence.

Let me know if I can be of further assistance. Thanks.
John and 6 other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

thank you. i was pretty confident but im going into fed court pro se is a little intimidating for me and i just wanna be sure of my facts