Nathaniel Holmes v. Tenderloin Housing Clinic, Inc

MEMORANDUM

Nathaniel Holmes appeals the district court’s order granting summary judgment to defendants Service Employees International Union Local 1021 (“SEIU”), Tenderloin Housing Clinic (“THC”), Randall Shaw, and Krista Gaeta. He also appeals the district court’s dismissal of his claim under the California Constitution for failure to state a claim. We affirm.

We turn first to Holmes’s claims against the SEIU alone. Holmes cannot state a claim against the SEIU Local 1021 for violating Article I, Section 8 of the California Constitution because the union had no “authority to terminate or disqualify Plaintiff from his employment.” Coleman v. S. Wine & Spirits of Cal., Inc., No. 11-00501 SC, 2011 WL 5520983 , at *4, 2011 U.S. Dist. LEXIS 131173 , at *10 (N.D.Cal. Nov. 14, 2011). Even if he had a qualifying relationship, such a suit would be preempted by Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185 . See Miller v. AT & T Network Sys., 850 F.2d 543, 548 (9th Cir.1988).

Further, the district court did not err in granting summary judgment to the SEIU under 42 U.S.C. § 1981 because there is insufficient evidence to support a conclusion that the union…