Unpublished Disposition, 849 F.2d 1475 (9th Cir. 1988)

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US Court of Appeals for the Ninth Circuit - 849 F.2d 1475 (9th Cir. 1988) Leon J. CHAPDELAINE, Plaintiff-Appellant,v.KAISER ALUMINUM & CHEMICAL CORPORATION; United Steelworkersof America; Local 7945, Defendants-Appellees

No. 87-3860.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted June 8, 1988.Decided June 13, 1988.

Before EUGENE A. WRIGHT, FERGUSON and BRUNETTI, Circuit Judges.


ORDER

The decision below is affirmed for the reasons stated in the district court's Order (CR 77) and Memoranda of Summary Judgment (CR 53 and 54). The hybrid claims were subject to the six-month statute of limitation of Sec. 10(b) of the NLRA, 29 U.S.C. § 160(b). DelCostello v. Teamsters, 462 U.S. 151, 169-72 (1983). The state statutory law claim must fail because the uncontradicted competent evidence established that there were no job openings in the plant.

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