Donn L. Beriault v. Local 40, Super Cargoes & Checkers of the International Longshoremen's& Warehousemen's Union

Before HAMLEY, WRIGHT and KILKENNY, Circuit Judges.

This is a a labor dispute in which plaintiffs appeal from the dismissal of their action for declaratory, injunctive and monetary relief against defendants for breach of the union’s duty of fair representation and breach of a collective bargaining agreement. Jurisdiction is based on § 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185 , and the Declaratory Judgments Act, 28 U.S.C. § 2201 . We affirm in •part, reverse in part, and remand.

Plaintiffs are “casual checkers” who are non-union members of the employee bargaining unit represented by Local 40, Super Cargoes and Checkers of the International Longshoremen’s and Ware-housemen’s Union (ILWU). They brought suit against the ILWU and the Pacific Maritime Association (PMA) charging, in substance, that (1) they have been discriminated against with respect to their job classification, and have thereby been denied fringe benefits available to union members under the terms of the collective bargaining agreement, and (2) the ILWU and the PMA acted in violation of the collective bargaining agreement in giving union members preference over the plaintiffs in work…