Brian Beard, Sr. v. Sheet Metal Workers Union, Local 150
Opinion
Opinion
Hall, J.
Brian Beard, Sr. (“Beard”) appeals from the district court’s order granting his motion for voluntary dismissal of his action against appellee Sheet Metal Workers Union, Local 150 (“the union”) pursuant to Fed.R.Civ.P. 41(a)(2) and awarding appel-lees $2,812.40 in attorneys’ fees and $48.90 in costs. Beard argues that the district court abused its discretion by failing to dismiss his complaint with prejudice and awarding costs and attorneys’ fees to the union. We dismiss the appeal because this court lacks appellate jurisdiction.
I
Beard had been a member of appellee union for several years when the union sued him in Pierce County Superior Court in October 1986. The action sought enforcement of a $12,000 fine the union had levied against Beard for allegedly violating several provisions of the union’s constitution and bylaws. Beard responded by filing the present action in the Western District of Washington in December 1986, alleging that the union had 1) unlawfully refused to accept his resignation and fined him $12,000 in violation of the Labor Management Reporting and Disclosure Act, 29 U.S.C. §§ 411-412 ; 2) violated the Labor Management Relations Act, 29 U.S.C. §§ 185 et…