Cronin v. Bechtel Power Corp.

MEMORANDUM AND ORDER

CONABOY, District Judge.

This action is before this Court on the Defendant’s Motion to Dismiss for Plaintiff’s failure to exhaust his intra-union remedies. Plaintiff admits that exhaustion is necessary before an employee is entitled to bring a suit under § 301 of the Labor Management Relations Act, but avers that his situation comes within one of the narrow exceptions to that rule, that he need not attempt intra-union remedies because to do so would be futile, due to the Union’s breach of its duty of fair representation to him.

Plaintiff Timothy Cronin was employed at the…