Thibodeaux

ORDER RE: MOTION TO DISMISS

Re: Dkt. No.

INTRODUCTION

Pending before the Court is Defendant Teamsters Local, 853’s (“Defendant” or “Local 853”) Motion to Dismiss Plaintiff George Thibodeaux’s .(“Plaintiff’) First Amended Complaint (“FAC”) pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(6). Dkt. No. 33., Plaintiff; filed an Opposition (Dkt, No. 35) and Defendant filed a Reply (Dkt. No. 36). The Court finds this matter suitable for disposition without oral argument and VACATES the June 29, 2017 hearing. See Fed. R. Civ. P. 78(b); Civ. L.R. 7-l(b). Having considered the parties’ positions, relevant legal authority, arid the record in this case, the Court GRANTS Defendant’s Motion for the following reasons.

BACKGROUND

A. Allegations of the FAC

For almost twenty years, Plaintiff was employed' as a commercial driver of a cement mixer • truck by Central' Concrete Supply Co. and was a meriiber of Local 853. FAC ¶¶1, 8-9, Dkt. No. 32. On March 7, 2013, Plaintiff was operating a cement mixer that experienced a drum control problem, which caused a concrete spill. Id. ¶ 14. On March 19, 2013, Central.Concrete sent Plaintiff a letter terminating his employment “effective…