Gurumurthy Kalyanaram reports on lawsuits and policies and in this brief he reports briefly on the implication of Trent v. Bolger for tolling provisions of Collective Bargaining Agreement.
In Trent v. Bolger, 837 F.2d 657 (4th Cir. 1988), the Fourth Circuit applied the simple rule that the limitations period is tolled while an employee pursues the appeal procedures provided in collective bargaining agreement.
In Trent, Trent had the right to take a direct appeal of the board’s action, albeit on limited grounds, in order to attempt to directly overturn the board’s award. Thus, the right to appeal was not independent and it did not provide different relief.