Donald Moynahan v. Pari-Mutuel Employees Guild of California, Local 280

Appellee Union, having a closed-shop agreement with turf clubs in California, has, according to appellant, arbitrarily denied him membership in the Union and thereby has prevented him from securing employment as a pari-mutuel clerk. Appellant has brought this action, seeking damages and an injunction against the Union’s continuing to refuse him membership.

Upon a motion by appellees to dismiss the action, the district court received a stipulation of facts establishing that ap pellant had never been admitted to union membership. The district court, treating the motion as one for summary judgment, thereupon granted judgment in favor of appellees.

This appeal poses the question whether appellant has shown any right, under the facts alleged by him, to federal judicial relief.

As a basis for federal jurisdiction appellant relies on section 102 of the Labor Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. § 412 ), which permits a civil suit in the district court by any person whose rights under that Act have been infringed. Appellant asserts rights under section 101(a) of the Act, which extends equal rights protection to all union members. He asserts that his right to…