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Kelly v. Int'l Union of Operating Eng'rs Local 30

Union Organizer's Claims Over Firing, Pre-Dating May 2016 Time-Barred Under LMRDA

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MEMORANDUM AND ORDER   Plaintiff Kirk Kelly, proceeding pro se, asserts claims against Defendant International Union of Operating Engineers Local 30 (“Local 30″) under the Labor Management Reporting and Disclosure Act, 29 U.S.C. §401, et seq (the “LMRDA”). Defendant moves pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the complaint in its entirety for failure to state a claim. BACKGROUND1 Plaintiff was hired by Local 30 as a staff organizer on August 5, 2008. (Am. Compl.

6, 12, 29, ECF No. 10; id., Ex. A (“Kelly Suppl. Aff.”) 3, ECF No. 10.) Plaintiff alleges that in his work at Local 30, he used an organizing model known as “bottom-up organizing,” which empowers members to successfully lead their own co-workers in challenging an employer, including in contract negotiations. (Am. Compl. 68.) In his role as a staff organizer, Plaintiff was advised that his duties would require the use of his personal vehicle and other goods and services. (Id. 7.) Plaintiff was reimbursed for gas, tolls, and routine maintenance and minor repairs for his car. (Id. 31.) However, he was denied reimbursement for the purchase of a laptop and for more major repairs to his car. (See id.

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