Magallanes v. Local 300, Laborers' International Union

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 in the complaint at bench state causes of action cognizable in the state courts and accordingly reverse the judgment.

The complaint alleges the following facts which…