United States First Circuit

Dismissal of plaintiff's retaliation suit against defendant-union is affirmed, where: 1) count 1's Labor-Management Relations Act discrimination claim basically mimics the discrimination allegations in count 3's unfair-representation claim, and must be co-considered to the extent that the two counts sync up; 2) on count 2's Labor-Management Reporting and Disclosure Act claim, plaintiff alleges no facts plausibly suggesting action by the union as an entity, nor that the actions resulted from an established disciplinary process; and 3) the solicitation system does not arbitrarily discriminate, as it is open to every member and can be used exclusively or along with the seniority system, and thus plaintiff's unfair-representation claim falls short of the plausibility standard.

Appellate Information

• Decided 10/24/2014
• Published 10/24/2014

Judges

• Thompson

Court

• United States First Circuit

Counsel