Ricardo Apolinario v. United Healthcare Workers-West

MEMORANDUM

Plaintiff Ricardo Apolinario appeals from two district court order's dismissing his claims against his former employer, Seton Medical Center (“Seton”) and labor union, United Healthcare Workers-West Service Employees International Union (“the Union”). The first order granted the Union’s motion to dismiss Apolinario’s claim for a breach of the duty of fair representation under the National Labor Relations Act. The second order granted Seton’s motion for judgment on the pleadings concerning his claims brought under the Labor Management Relations Act, 1947. We review dismissals under Federal Rules of Civil Procedure 12(b)(6) and 12(c) de novo. See Lyon v. Chase Bank USA, 656 F.3d 877, 883 (9th Cir. 2011) (judgment on the pleadings); Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir. 2005) (motions to dismiss). We now affirm.

To prevail against either Seton or the Union, Apolinario has the burden to demonstrate the Union breached its duty of fair representation. Hines v. Anchor Motor Freight, Inc., 424 U.S. 554, 570-71 , 96 S.Ct. 1048 , 47 L.Ed.2d 231 (1976); see also United Parcel Serv., Inc. v. Mitchell, 451 U.S. 56, 62 , 101 S.Ct. 1559 , 67 L.Ed.2d 732 (1981). A union…