No. 22-221

Jose Mendoza, Jr. v. Amalgamated Transit Union International, et al.

Lower Court: Ninth Circuit
Docketed: 2022-09-09
Status: Denied
Type: Paid
Response Waived
Tags: collective-bargaining collective-bargaining-agreements federal-forum labor-management-relations-act labor-management-reporting-and-disclosure-act preemption state-law-claims state-law-preemption union-constitution union-constitutions union-governance
Key Terms:
Arbitration ERISA SocialSecurity Takings EmploymentDiscrimina LaborRelations
Latest Conference: 2022-11-10
Question Presented (AI Summary)

Does § 301 of the LMRA completely preempt state law claims and remedies by union members against their unions to enforce union constitutions despite the LMRDA's six savings clauses preserving state law claims and remedies to enforce union constitutions?

Question Presented (OCR Extract)

QUESTION PRESENTED The Labor Management Relations Act of 1947 (“LMRA”) adopted by Congress provides a federal forum for resolving disputes over collective bargaining agreements (“CBA”) and contracts between unions. See 29 U.S.C. § 185. This Court has consistently held that “an application of state law is preempted by § 301 of the [LMRA] only if such application requires the interpretation of a CBA.” See Lingle v. Norge Div. of Magic Chef, 486 U.S. 399, 413 (1988); Livadas v. Bradshaw, 512 U.S. 107, 123-24 (1994); Hawaiian Airlines v. Norris, 512 U.S. 246, 262-63 (1994). The Labor-Management Reporting and Disclosure Act of 1959 (“LMRDA”) was adopted by Congress to regulate internal union governance and preserves state claims and remedies by union members against their unions to enforce union constitutions. See 29 U.S.C. §§ 418, 466, 483, 523. The Question Presented Is: 1. Does § 301 of the LMRA completely preempt state law claims and remedies by union members against their unions to enforce union constitutions despite the LMRDA’s six savings clauses preserving state law claims and remedies to enforce union constitutions?

Docket Entries

2022-11-14
Petition DENIED
2022-11-14
Petition DENIED.
2022-10-25
DISTRIBUTED for Conference of 11/10/2022.
2022-09-16
Waiver of right of respondents Amalgamated Transit Union International, et al. to respond filed.
2022-09-05
Petition for a writ of certiorari filed. (Response due October 11, 2022)
2022-06-28
Application (21A862) granted by Justice Kagan extending the time to file until September 4, 2022.
2022-06-27
Application (21A862) to extend the time to file a petition for a writ of certiorari from July 6, 2022 to September 4, 2022, submitted to Justice Kagan.

Attorneys

Amalgamated Transit Union International, et al.
Ramya RavindranBredhoff & Kaiser, P.L.L.C., Respondent
Ramya RavindranBredhoff & Kaiser, P.L.L.C., Respondent
Jose Mendoza, et al.
Michael Julian McAvoy-Amaya Jr.McAvoy Amaya & Revero Attorneys, Petitioner
Michael Julian McAvoy-Amaya Jr.McAvoy Amaya & Revero Attorneys, Petitioner