Robbie Ohlendorf, et al. v. Local 876, United Food & Commercial Workers International Union
1) Labor Management Relations Act Section 302(e)
grants federal courts jurisdiction to restrain violations of the statute. 29 U.S.C. § 186(e). The Court
has stated Section 302 expressly provides for a private right of action. In 2011, several Justices questioned this statement in light of Alexander v. Sandoval, 532 U.S. 275 (2001). Does Section 302 provide a
private right of action?
2) Does a labor organization violate its duty of fair
representation by refusing to honor, at the end of the
next applicable irrevocability period, employees'
check-off authorization revocations that are not sent
during an annual fifteen-day window period and by
certified mail?
Whether Section 302 of the Labor Management Relations Act provides a private right of action