Leistiko v. International Longshore & Warehouse Union/Local 8

MEMORANDUM

Ronald Marcus Leistiko appeals pro se from the district court’s judgment dismissing his action against the International Longshore & Warehouse Union, Local 8 (“ILWU”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Cramer v. Consol. Freightways, Inc., 255 F.3d 683 , 689 (9th Cir.2001) (en banc) (preemption); Galindo v. Stoody Co., 793 F.2d 1502, 1508 (9th Cir.1986) (statute of limitations). We affirm.

The district court properly concluded that Leistiko’s claim that he was wrongfully de-registered from the union was preempted by § 301 of the Labor Management Relations Act (“LMRA”) because resolution of his claim would require interpreting labor agreements. See Cramer, 255 F.3d at 693 (state law claim preempted under § 301 if it would require interpreting a labor agreement).

The district court properly concluded that Leistiko’s claim, as preempted by § 301, was barred by the six-month statute of limitations. See Conley v. Int'l Bhd. of Elec. Workers, Local 639, 810 F.2d 913 , 914-15 (9th Cir.1987) (plaintiffs complaint alleging violations of § 301 of the LMRA and state contract law was subject to the National Labor Relations Act’s six-month statute of…