Casumpang
Casumpang v. International Longshoremen's & Warehousemen's Union, Local 142
Opinion
Lead Opinion
Alarcon, J.
Nicanor E. Casumpang, Jr. appeals from the dismissal of this action. The district court concluded that it lacked subject matter jurisdiction pursuant to Title IV of the Labor Management Reporting and Disclosure Act (“LMRDA”), 29 U.S.C. §§ 481-83 (2000), over his second amended complaint and, alternatively, on the basis that “[e]ven if the Court found that Plaintiffs Second Amended Complaint substantively involved Title I rights rather than Title IV rights, which it does not, the Court would still dismiss the complaint because Plaintiff failed to exhaust internal union procedures in a timely fashion.”
We reverse the dismissal of this action because we conclude that the district court erred in determining that it lacked subject matter jurisdiction over the second amended complaint. We also vacate the dismissal of the second amended complaint because the district court erroneously determined that Casumpang was required to exhaust union hearing procedures before filing his Title I claim in the district court.
PART ONE
I
The Cease-cmd-Desist Outside Gainful Employment Order
Casumpang has been a member of the International Longshore and Warehouse Union (“ILWU”) since July 22, 1981.…