Mitchell Copitas v. Retail Clerks International Association

618 F.2d 1370 104 L.R.R.M. (BNA) 2615 , 88 Lab.Cas. P 12,067 Mitchell COPITAS, Plaintiff-Appellant, v. RETAIL CLERKS INTERNATIONAL ASSOCIATION; Retail Clerks Union Local 1222, an unincorporated association, in its capacity both as an employer and as a union; Bill Wall, Individually and as Secretary-Treasurer and member of Retail Clerks International Association, Defendant-Appellees. Nos. CA 78-2528, CA 78-3046. United States Court of Appeals, Ninth Circuit. May 19, 1980. Wayne L. Peterson, Platt, Tebbetts & Peterson, San Diego, Cal., argued for plaintiff-appellant; Linda E. Boelhauf, San Diego, Cal., on brief. Douglas F. Olins, San Diego, Cal., for defendant-appellees. Appeal from the United States District Court for the Southern District of California. Before SNEED and PREGERSON, Circuit Judges and TEMPLAR, * District Judge. PREGERSON, Circuit Judge: 1 Mitchell Copitas, a union member, appeals from the district court's dismissal of his Third Amended Complaint alleging a violation of §§ 101(a)(2) and 609 of the Labor-Management Reporting and Disclosure Act of 1959 (hereinafter LMRDA, or the Act), 29 U.S.C. §§ 411 (a)(2) and 529. Those sections of the Act…