Gwendolyn Lane v. Local Union 2-286

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
NO. 05-4066
________________
GWENDOLYN LANE,
Appellant
v.
LOCAL UNION 2-286
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On Appeal From the United States District Court
For the Eastern District of Pennsylvania
(D.C. Civ. No. 04-cv-01763)
District Judge: Honorable Gene E. K. Pratter
_______________________________________
Submitted Under Third Circuit LAR 34.1(a)
FEBRUARY 8, 2006
Before: ROTH, RENDELL AND AMBRO, Circuit Judges.
(Filed February 21, 2006)
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OPINION
_______________________
PER CURIAM
Gwendolyn Lane appeals from an order of the United States District Court for the
Eastern District of Pennsylvania, dismissing her complaint pursuant to Fed. R. Civ. P.

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12(b)(6) for failure to state a claim upon which relief may be granted. We will affirm the
Court’s judgment.
We note that Lane complains in her brief that the District Court “failed to take my
complaint serious [sic].” On the contrary, we find that the District Court generously
construed Lane’s complaint and thoroughly addressed any issue it conceivably raised.
The Court properly dismissed the complaint for the reasons it stated in its memorandum
of July 19, 2005: Lane’s complaint was untimely, as it was not filed within the 6-month
statute of limitations; see DelCostello v. Int’l Brotherhood of Teamsters, 462 U.S. 151,
169, 172 (1983); her suit was barred by her failure to file a grievance with the Union
within five days of her termination as required by the Collective Bargaining Agreement;
and any discrimination claims that were arguably raised by the complaint were barred by
her failure to file a complaint with the Equal Employment Opportunity Commission or
the Pennsylvania Human Relations Commission.
For the reasons stated by the District Court, we will affirm.

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