United States District Court, E.D. Michigan, Southern Division
Elizabeth A. Stafford U.S. Magistrate Judge.
OPINION AND ORDER GRANTING DEFENDANTS' MOTION TO
J. Tarnow Senior United States District Judge.
complaint against her former employer, Pinnacle Foods, for
breach of contract and unlawful discrimination under
Michigan's Elliot Larson Civil Rights Act was removed to
Federal Court on January 5, 2016. . Plaintiff was granted
leave on July 8, 2016 via a stipulated order to amend Count
II of her Complaint for breach of contract against Pinnacle
Foods. . On July 19, 2016, Plaintiff filed her Amended
Complaint , which without consent of the Court included a
third count against a new defendant, United Dairy &
Bakery Workers Local 87 AFLCIO (“Local 87”), for
breach of duty of fair representation under § 301 of the
Labor Management Relations Act (“§301”).
August 18, 2016, Defendant Local 87 filed a Motion to Dismiss
. Plaintiff filed a response on August 31, 2016  and
Defendant replied on September 12, 2016 . The Court finds
the motion suitable for determination without a hearing, as
provided by Local Rule 7.1(f)(2), with respect to
Plaintiff's claim against Defendant Local 87.
reasons stated below, Defendant's Motion to Dismiss 
is GRANTED and the claims against Defendant
Local 87 is DISMISSED with prejudice.
worked for Pinnacle Foods from May 2013 until she was fired
on June 15, 2015. On June 17, 2015, she filed a grievance
with her union which simply stated, “Shonta Kelly Was
UnJustly Terminated To Be Make Whole.” [17, Ex. C]
(sic). Plaintiff's grievance was returned to her
that same day with instructions to cite a specific violation
of the collective bargaining agreement. Id. Local 87
then investigated the reasons behind Plaintiff's
termination, and pursued her grievance through an internal
appeals process. Ultimately, Local 87 decided not to bring
Plaintiff's grievance to arbitration and Defendant
informed Plaintiff of its decision in a letter dated October
5, 2015. It is undisputed that Plaintiff's cause of
action against Local 87 accrued on or around this date.
November 23, 2015, Plaintiff filed a complaint in state court
against her employer, Pinnacle Foods, for breach of contract
and for unlawful discrimination under Michigan's Elliot
Larson Civil Rights Act. Plaintiff's original Complaint
did not name Local 87 as a defendant. In fact, she referenced
the union only once:
While on her way Ms. Kelly was met in a stairway by her
supervisor, Cameron Levi. Mr. Levi told Ms. Kelly that she
was terminated. Mr. Levi took the clients badge, provided her
with no paperwork, and prevented her from speaking to a
¶ 20] (emphasis added). She never referred to her union
by name. She did not mention that she filed a grievance with
her union contesting her termination, or that her union
appealed and investigated her termination but ultimately
declined to arbitrate on her behalf. These facts do not
appear until Plaintiff's July 19, 2016 Amended Complaint.
survive a motion to dismiss, [plaintiffs] must allege
‘enough facts to state a claim to relief that is
plausible on its face.'” Traverse Bay Area
Intermediate Sch. Dist. v. Mich. Dep't of Educ., 615
F.3d 622, 627 (6th Cir. 2010) (quoting Bell Atl. Corp. v.
Twombly, 550 U.S. 544, 570 (2007)). The Court will
“assume the veracity of [the plaintiff's]
well-pleaded factual allegations and determine whether the
plaintiff is entitled to legal relief as a matter of
law.” McCormick v. Miami Univ., 693 F.3d 654,
658 (6th Cir. 2012) (citing Iqbal, 556 U.S. at 679;
Mayer v. Mylod, 988 F.2d 635, 638 (6th Cir. 1993)).
claim against Local 87 stems from actions her union failed to
take between July 15, 2015 (the date of her termination) and
October 5, 2016 (when Local 87 declined to arbitrate
Plaintiff's grievance against her employer). Under a
six-month statute of limitations, she would have had until
April 2016 to ...