Harvey J. Thompson, III v. William McCombe Christine A. Zook Local 192 Amalgamated Transit
Opinion
Opinion
Harvey J. Thompson appeals pro se the district court’s Fed.R.Civ.P. 12(b)(1) dismissal for lack of subject matter jurisdiction of his action, pursuant to the Labor-Management Reporting and Disclosure Act of 1959 (“LMRDA”), 29 U.S.C. § 401 , against Local 192 Amalgamated Transit Union (“ATU”) and two of the union’s officers. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
Thompson was an employee of the Alame-da-Contra Costa Transit District (“AC Transit”), a public entity, see Cal.Pub.Util.Code § 24561, and belonged to the ATU. Thompson contends that the ATU violated the LMRDA by revoking his membership, expelling him from a union meeting, and calling the police to remove him after he refused to leave. The district court concluded that Thompson failed to establish that the ATU was a labor organization subject to the provisions of the LMRDA and dismissed Thompson’s action for lack of subject matter jurisdiction.
A district court’s conclusion that it lacks subject matter jurisdiction is reviewed de novo. Seven Resorts, Inc. v. Cantlen, 57 F.3d 771, 772 (9th Cir.1995). A party invoking the federal court’s jurisdiction has the burden of proving the actual…