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849 F2d 1475 Chapdelaine v. Kaiser Aluminum & Chemical Corporation

849 F.2d 1475

Unpublished Disposition

Leon J. CHAPDELAINE, Plaintiff-Appellant,
v.
KAISER ALUMINUM & CHEMICAL CORPORATION; United Steelworkers
of America; Local 7945, Defendants-Appellees.

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

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

1

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. Sec. 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.