Phillip Massey v. Inland Boatmen's Union of the Pacific, Marine Division of the International Longshoremen's and Warehousemen's Union

Phillip Massey brought an action in district court seeking damages and injunctive relief against the defendant unions . Massey alleged that the union’s action in fining him for refusing to participate in lawful picketing during a strike against his employer violated his statutory freedom of speech under Section 101(a)(2) of the Labor Management Reporting and Disclosure Act, 29 U.S.C. § 411 (a)(2). Massey further alleged that, of several members who declined to participate in picketing, he was the only one disciplined. He claims that such discriminatory union discipline was actually retaliation for his vocal opposition to a strike and violated his free speech rights under the same statute.

The district judge granted the union’s motion to dismiss the complaint for failure to state a claim under Fed.R.Civ.P. 12(b)(6). Judgment was entered dismissing the action. Massey appealed in a timely manner. This court has jurisdiction under 28 U.S.C. § 1291 . We review de novo the granting of a motion to dismiss for failure to state a claim, and affirm only if the plaintiff’s allegations, taken as true, fail to state a claim for which the court may grant relief. Shah v. County of Los Angeles,…