Robbie Ohlendorf, et al. v. Local 876, United Food & Commercial Workers International Union
AdministrativeLaw Arbitration ERISA LaborRelations Privacy JusticiabilityDoctri
Whether Section 302 of the Labor Management Relations Act provides a private right of action
QUESTIONS PRESENTED 1) Labor Management Relations Act Section 302(e) grants federal courts jurisdiction to restrain violations of the statute. 29 U.S.C. § 186(e). The Court has stated Section 302 expressly provides for a private right of action. In 2011, several Justices questioned this statement in light of Alexander v. Sandoval, 532 U.S. 275 (2001). Does Section 302 provide a private right of action? 2) Does a labor organization violate its duty of fair representation by refusing to honor, at the end of the next applicable irrevocability period, employees’ check-off authorization revocations that are not sent during an annual fifteen-day window period and by certified mail? (i)