Audette

Audette v. International Longshoremen's & Warehousemen's Union

Good Law
195 F.3d 1107·1999 WL 983687
United States Court of Appeals for the Ninth CircuitNovember 1, 1999No. 98-35324California2,140 words

Opinion

Lead Opinion

Schwarzer, J.

We must decide whether federal law preempts the claims of workers against their labor union and employers’ association arising from an alleged breach of a settlement agreement allegedly motivated by retaliation and gender discrimination. Plaintiffs, who are longshore workers, allege that defendants breached the agreement by denying them registration as Class B workers under their collective bargaining agreement (CBA) in retaliation for a prior lawsuit and because of the gender of some of the plaintiffs, violating both the settlement agreement and Washington state antidiscrimination law. We affirm the district court’s denial of the motion to remand as well as its judgment, holding the claims to be preempted by § 301 of the Labor Management Relations Act (LMRA) and barred by the six-month statute of limitations. See DelCostello v. International Brotherhood of Teamsters, 462 U.S. 151, 162-63 , 103 S.Ct, 2281 , 76 L.Ed.2d 476 (1983).

FACTS AND PROCEDURAL HISTORY

The International Longshoremen’s and Warehousemen’s Union (ILWU) is the exclusive bargaining representative of long-shore workers and marine clerks on the West Coast. Its affiliate, ILWU Local 24 (Local 24), represents…

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