925 F.2d 1470
137 L.R.R.M. (BNA) 2832
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Miles SPEAR, Plaintiff-Appellant,
v.
ROCKWELL INTERNATIONAL CORP., Amalgamated Local 887-UAW,
International Union, United Automobile, Aerospace and
Agricultural Implement Workers of America (UAW), Al Ybarra,
David Buck, and Does 1 through 100, inclusive, Defendants-Appellees.
No. 90-55300.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted Feb. 6, 1991.
Decided Feb. 22, 1991.
Before GOODWIN, HUG and FARRIS, Circuit Judges.
MEMORANDUM*
Plaintiff-appellant Spear brought this action against Rockwell International Corporation, the Local and International Unions and the officials of the unions, setting forth seven causes of action. These causes of action, as set forth in the complaint, are: (1) breach of collective bargaining agreement; (2) breach of the duty of fair representation; (3) intentional infliction of emotional distress; (4) conspiracy to intentionally inflict emotional distress; (5) violation of the Labor-Management Reporting and Disclosure Act ("LMRDA"); (6) fraudulent misrepresentation; and (7) negligence. The district court dismissed Spear's claims for breach of the collective bargaining agreement, breach of the duty of fair representation, and violation of the LMRDA due to Spear's failure to exhaust contractual and internal union appeals procedures. Further, the district court dismissed Spear's state law claims as preempted by federal law.
We affirm the judgment of the district court for the reasons set forth in the thorough and well-reasoned Memorandum Opinion as modified in the order denying Plaintiff's Motion for Reconsideration under Fed.R.Civ.P. 59(e).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3