Fred Carr, Jr. v. Allied Waste Systems of Alamed

MEMORANDUM

Fred C. Carr, Jr., appeals pro se from the district court’s judgment dismissing his action alleging, among other things, that his employer wrongfully terminated him in violation of its collective bargaining agreement (“CBA”) with his union, and that the union breached its duty of fair representation. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Harper v. San Diego Transit Corp., 764 F.2d 663, 665-66 (9th Cir.1985). We affirm.

Removal of Carr’s action to federal court was proper because Carr alleged state-law claims that were preempted by federal law. See Ramirez v. Fox Television Station, Inc., 998 F.2d 743, 747-48 (9th Cir. 1993) (state-law claims are preempted by § 301 of the Labor Management Relations Act if their resolution depends upon the meaning of a CBA, and removal of such claims is permissible); Stallcop v. Kaiser Found. Hosps., 820 F.2d 1044, 1048-49 (9th Cir.1987) (concluding that state-law claims were preempted by § 301).

The district court properly dismissed Carr’s hybrid fair representation/ § 301 claims because Carr failed to allege facts demonstrating that the union’s conduct was arbitrary, discriminatory, or in bad faith. See…