MAGALLANES v. LOCAL 300, LABORERS' INTERNAT. UNION

Docket No. 42801.

40 Cal.App.3d 809 (1974)

115 Cal. Rptr. 428

ALFRED P. MAGALLANES et al., Plaintiffs and Appellants, v. LOCAL 300, LABORERS' INTERNATIONAL UNION OF NORTH AMERICA et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division One.

July 22, 1974.


Attorney(s) appearing for the Case

COUNSEL

Finkel & Herring and Neil M. Herring for Plaintiffs and Appellants.

Richman & Garrett, Ivan J. Potts, Walter C. Appling and Lionel Richman for Defendants and Respondents.


OPINION

THOMPSON, J.

In this appeal from a judgment of dismissal after a demurrer was sustained to appellants' complaint without leave to amend, we consider the issue of state court subject matter jurisdiction to enforce the rights of a union member against his union created by a contract negotiated by the union on his behalf with an employer and created by a union's "duty of fair representation." We conclude that the facts alleged...

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