Seitz

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JAMES EDWARD SEITZ, Case No. 21-cv-05346-VC

Plaintiff,

ORDER GRANTING MOTIONS TO

v. DISMISS WITH LEAVE TO AMEND

INTERNATIONAL BROTHERHOOD OF Re: Dkt. Nos. 21, 25 TEAMSTERS, et al., Defendants.

Seitz, a technician with United Airlines, questions the accuracy of the most recent wage increase that was calculated pursuant to the collective bargaining agreement between United and its employees. But when he attempted to challenge this calculation using the internal grievance process, he hit a dead end: the union declined to pursue his grievance beyond the second step. Seitz therefore seeks relief in federal court, claiming that the union breached its duty of fair representation by closing out his grievances prematurely. Seitz also sues United, claiming that it violated the collective bargaining agreement and California law by miscalculating the wage reset and failing to disclose the method and data behind the calculation. The union defendants and United have moved to dismiss the complaint in its entirety. Because Seitz’s allegations do not plausibly allege that the union acted…