Jose Mendoza, Jr. v. Amalgamated Transit Union International, et al.

The Labor Management Relations Act of 1947 (“LMRA”) adopted by Congress provides a federal forum for resolving disputes over collective bargaining agreements (“CBA”) and contracts between unions. See 29 U.S.C. § 185. This Court has consistently held that “an application of state law is preempted by § 301 of the [LMRA] only if such application requires the interpretation of a CBA.” See Lingle v. Norge Div. of Magic Chef, 486 U.S. 399, 413 (1988); Livadas v. Bradshaw, 512 U.S. 107, 123–24 (1994); Hawaiian Airlines v. Norris, 512 U.S. 246, 262-63 (1994). The Labor-Management Reporting and Disclosure Act of 1959 (“LMRDA”) was adopted by Congress to regulate internal union governance and preserves state claims and remedies by union members against their unions to enforce union constitutions. See 29 U.S.C. §§ 413, 466, 483, 523. The Question Presented Is: 1. Does § 301 of the LMRA completely preempt state law claims and remedies by union members against their unions to enforce union constitutions despite the LMRDA’s six savings clauses preserving state law claims and remedies to enforce union constitutions?