Henderson v. Office & Professional Employees International Union

MEMORANDUM **

Glenn C. Henderson appeals pro se the district court’s order dismissing his action against his former union, and union representative, alleging breach of the duty of fair representation and various state law claims. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Niehaus v. Greyhound Lines, Inc., 173 F.3d 1207, 1211 (9th Cir.1999), and we affirm.

The district court properly concluded that Henderson’s claims for breach of contract, theft of dues, and misappropriation of funds are preempted by the Labor Management Relations Act, 29 U.S.C. § 185 (a) (“LMRA”) because the claims are substantially dependent on an interpretation of the collective bargaining agreement. See Beals v. Kiewit Pacific Co., Inc., 114 F.3d 892, 894-95 (9th Cir.1997); Allis-Chalmers Corp. v. Lueck, 471 U.S. 202, 210-11 , 105 S.Ct. 1904 , 85 L.Ed.2d 206 (1985).

The district court properly concluded that Henderson’s duty of fair representation claim is barred by the six-month statute of limitations, as the claim accrued by February of 2002, the date Henderson acknowledged in his opposition to the motion to dismiss that the union would no longer assist him, and Henderson filed…