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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND PAUL S. BRUCE v. LOCAL 333, INTERNATIONAL LONGSHOREMEN'S ASSOCIATION AFL-CIO and STEAMSHIP TRADE ASSOCIATION OF BALTIMORE, INC. : : : : : : : : : : : : : : :

Civil No. CCB-01-0138

MEMORANDUM Now pending before this Court are motions brought by defendants Local 333, International Longshoremen's Association, AFL-CIO ("Local 333"), and Steamship Trade Association of Baltimore, Inc. ("STA"). Defendants move to dismiss the claims

against them, or in the alternative, move for summary judgment. Because materials in the form of affidavits and exhibits thereto have been submitted by both sides, the motion will be treated as a motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure. See Fed.R.Civ.P. 12(b)(6). Plaintiff Paul

S. Bruce is a longshoreman in Baltimore who has been a member of Local 333 since January of 1971. Plaintiff has brought a

"hybrid" claim alleging a breach of the duty of fair representation by Local 333 (Count I), see Vaca v. Sipes, 386 U.S. 171, 87 S.Ct. 903 (1967), and alleging that STA has breached the relevant collective bargaining agreements between Local 333

and STA (Count II).

See Labor Management Relations Act ("LMRA") This matter has been fully See Local Rule 105.6. For

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