Diaz

Appellants, longshoremen formerly employed through the International Long-shore and Warehouse Union Local 13, Allied Division (“Allied”), allege that International Longshore and Warehouse Union Local 13 (“Local 13”) breached its duty of fair representation by failing to transfer Appellants to another bargaining unit, failing to inquire about available work, refusing to place Appellants on hiring hall lists, and failing to address Appellants’ grievances. Appellants appeal the district court’s order granting Local 13’s motion to dismiss the Second Amended Complaint (“SAC”) with prejudice, pursuant to Fed.R.Civ.P. 12(b)(6).

We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse the judgment of the district court and remand for further proceedings.

BACKGROUND

Local 13 is a labor union that acts as the exclusive bargaining representative of employees who work in ports along the Pacific Coast of the United States. Members of Local 13 are employed as longshoremen whose duties include moving cargo on vessels, handling freight on docks, and the performance of associated clerical functions. As alleged, Local 13 includes two separate divisions, Allied and the Longshoremen’s…