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AUDETTE v. ILWU

No. 98-35324.

195 F.3d 1107 (1999)

Mike AUDETTE; Marco Berber; Lon Bergstrom; Charles Box; John Brusha; Phillip Carman; Richard Carroll; Carol Dennis; Aaron Erickson; Kenneth Frost; Mike Fleury; David Godfrey; Paul Godfrey; Ellie Huntsman; Steve Kinnaman; David Mickelson; Don Pieraccini; Richard Sharp; Gordon Shipman; Dan Vlastelica; Dennis Ackely; Pete Manineca, Plaintiffs-Appellants, v. INTERNATIONAL LONGSHOREMEN'S AND WAREHOUSEMEN'S UNION; Local 24, International Longshoremen's and Warehousemen's Union; Pacific Maritime Association, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 1, 1999.

Attorney(s) appearing for the Case

James E. Graham, Renton, Washington, for the plaintiffs-appellants.

Robert Remar, Leonard, Carder, Nathan, Zuckerman, Ross, Chin & Remar, San Francisco, California; Clifford D. Sethness, Lane Powell Spears Lubersky, Seattle, Washington; and Lawrence R. Schwerin, Schwerin Campbell Barnard, Seattle, Washington, for the defendants-appellees.

Before: SCHROEDER and BEEZER, Circuit Judges, and SCHWARZER, Senior District Judge.

SCHWARZER, Senior District Judge:

We must decide whether federal law preempts the claims of workers against their labor union and employers' association arising from an alleged breach of a settlement agreement allegedly motivated by retaliation and gender discrimination. Plaintiffs, who are longshore workers, allege that defendants breached the agreement by denying them registration as Class B workers under their collective bargaining agreement (CBA) in retaliation...

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