Reference no: EM131706281

Question: Callaghan, an employee of Smith Transportation, is one of the leaders of an effort to unionize the Smith employees. Biggins, the personnel manager of Smith, suspects Callaghan is involved in the organizing campaign and decides to fire him. Callaghan is given notice on January 15, 2001, that his employment will be terminated on January 31, 2001. On July 20, 2001, Callaghan files a complaint with the appropriate regional office of the NLRB, alleging that he was fired in violation of Sections 8(a)1 and 3 of the NLRA. Smith Transportation argues that the complaint was not filed within the required six-month limitations period. Was the complaint filed in a timely fashion? Does the time limit run from when the employee is notified of the impending discharge or from when the discharge becomes effective? See United States Postal Service [271 NLRB No. 61, 116 L.R.R.M. 1417 (1984)].