Daniel McCauslin v. Fmc Corporation

McCauslin appeals from the district court’s dismissal for lack of subject matter jurisdiction under section 301 of the Labor Management Relations Act, 29 U.S.C. § 185 .

To establish district court jurisdiction pursuant to section 301 of the LMRA, a plaintiff must allege only that a contract between an employer and a union has been breached. Painting and Decorating Contractors Association of Sacramento, Inc. v. Painters and Decorators Joint Committee of the East Bay Counties, Inc., 707 F.2d 1067, 1070-71 (9th Cir.1983); Alvares v. Erickson, 514 F.2d 156,161 (9th Cir.), cert. denied, 423 U.S. 874 , 96 S.Ct. 143 , 46 L.Ed.2d 106 (1975).

FMC Corporation employed McCauslin as a welder. On January 4, 1980, McCauslin was laid off and declared to be ineligible for rehire. FMC alleges that it classified McCauslin as ineligible for rehire because of excessive unexcused absences. McCauslin, however, contends that FMC’s allegations is merely a pretext: he claims that FMC classified him ineligible for rehire because of his union activities. Moreover, McCauslin contends that many of his alleged unexcused absences should have been classified as excused because they were for union…