Harvey J. Thompson, III v. William McCombe Christine A. Zook Local 192 Amalgamated Transit, 99 F.3d 352 (9th Cir. 1996). · Go Syfert
Harvey J. Thompson, III v. William McCombe Christine A. Zook Local 192 Amalgamated Transit, 99 F.3d 352 (9th Cir. 1996). Cases Citing This Book View Copy Cite
212 citation events (207 in the last 25 years) across 23 distinct courts.
Treatment trajectory · 1998 → 2026 · click a year to view as-of
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Cited for
At page 353 Burden of proving subject matter jurisdiction161 citing casesA party invoking the federal 9 court’s jurisdiction has the burden of proving the actual existence of subject matter jurisdiction.13 citing courts put it this way
  • Hinton, No. 2:25-cv-13663 (D.S.C. May 20, 2026).
    (A labor organization composed entirely of public sector employees is not a labor organization for purposes of the LMRDA.)
  • John Susino v. Safeway Inc., No. 5:25-cv-03857 (N.D. Cal. Aug. 8, 2025).
    (A party invoking the federal 9 court’s jurisdiction has the burden of proving the actual existence of subject matter jurisdiction.)
  • Dunn v. Noble Credit Union, No. 1:25-cv-00561 (E.D. Cal. July 3, 2025).
    (A party invoking the 6 federal court’s jurisdiction has the burden of proving the actual existence of subject matter 7 jurisdiction.)
  • Dunn v. Noble Credit Union, No. 1:25-cv-00561 (E.D. Cal. June 25, 2025).
    (A party invoking the 25 federal court’s jurisdiction has the burden of proving the actual existence of subject matter 26 jurisdiction.)
  • Smith v. Chase Bank, No. 1:25-cv-00330 (E.D. Cal. Mar. 31, 2025).
    (A 10 party invoking the federal court’s jurisdiction has the burden of proving the actual existence of 11 subject matter jurisdiction.)
  • Smith v. Ayodele, No. 1:24-cv-01100 (E.D. Cal. Nov. 8, 2024).
    (A 16 party invoking the federal court’s jurisdiction has the burden of proving the actual existence of 17 subject matter jurisdiction.)
  • Smith v. Novoa, No. 1:24-cv-00199 (E.D. Cal. Feb. 28, 2024).
    (A party 27 invoking the federal court’s jurisdiction has the burden of proving the actual existence of subject 28 matter jurisdiction.)
  • Perkins Jr. v. Panorama Towers Condo Unit Owners, Dennis Kariger, No. 2:23-cv-01690 (D. Nev. Jan. 5, 2024).
    (A party invoking the federal court’s 12 jurisdiction has the burden of proving the actual existence of subject matter jurisdiction.)
  • McQuennie v. Wells Fargo Institutional Ret. Servs., No. 1:22-cv-00557 (E.D. Cal. May 1, 2023).
    (A party invoking the 22 federal court’s jurisdiction has the burden of proving the actual existence of subject matter 23 jurisdiction.)
  • Ziglar v. United States Postal Serv., No. 2:21-cv-01223 (D. Ariz. Mar. 23, 2023).
    (The party invoking 25 the Court’s jurisdiction bears the burden of proving the actual existence of subject matter 26 jurisdiction.)
Show 151 more citing cases
At page 352 Determining subject matter jurisdiction under the LMRDA36 citing cases“lack of subject-matter jurisdiction.”5 citing courts quote it
  • Johnson v. Gen. Dynamics Info. Tech., No. 2:24-cv-02033 (D. Nev. May 19, 2025).
    “a party invoking the federal court's jurisdiction has the burden of proving the actual existence of subject matter jurisdiction.”
  • Bolero v. McCarley, No. 2:24-cv-01761 (D. Nev. Nov. 13, 2024).
    “a party invoking the federal court's jurisdiction has the burden of proving the 22 actual existence of subject matter jurisdiction.”
  • Usigbe v. Petramala, No. 2:24-cv-01043 (D. Nev. Oct. 4, 2024).
    “a party invoking the federal court's jurisdiction has the burden of proving the 22 actual existence of subject matter jurisdiction.”
  • Swanson v. United States, No. 2:24-cv-00227 (E.D. Wash. Nov. 8, 2024).
    Thompson v. McCombe, 99 F.3d 352, 352 (9th Cir. 1996). 17 Defendant brings a Rule 12(b)(1) factual attack; therefore, the Court considers 18 Defendant’s proffered documents in its analysis. 19 Plaintiff asks the Court to employ a standard…
  • Mejia de Reyes v. Miller, No. 4:23-cv-05121, 2024 WL 2947716 (E.D. Wash. June 11, 2024).
    Plaintiffs agree.22 12 Therefore, the claims against the State Department Defendants are dismissed. 13 14 19 Thompson v. McCombe, 99 F.3d 352, 352 (9th Cir. 1996). 15 20 Safe Air for Everyone v. Meyer, 373 F.3d 1035, 1039 (9th Cir. 2004).…
  • Valencia Gonzalez v. Moran, No. 1:23-cv-03166, 2024 WL 1181885 (E.D. Wash. Mar. 19, 2024).
    “A Rule 12(b)(1) jurisdictional attack may be facial or 16 factual.”14 The court’s review of a facial attack is limited to the allegations in the 17 complaint whereas the court “need not presume the truthfulness of the plaintiff’s 18 alleg…
  • Montes v. Miller, No. 2:23-cv-00138 (E.D. Wash. Dec. 21, 2023).
    APA and Mandamus Standards 15 To bring an APA claim, the plaintiff must suffer a “legal wrong because of 16 agency action, or [be] adversely affected or aggrieved by agency action.”14 For 17 18 11 Thompson v. McCombe, 99 F.3d 352, 352 (9th…
  • Vera Esquivel v. Miller, No. 2:23-cv-00032 (E.D. Wash. Dec. 21, 2023).
    APA and Mandamus Standards 15 To bring an APA claim, the plaintiff must suffer a “legal wrong because of 16 agency action, or [be] adversely affected or aggrieved by agency action.”14 For 17 18 11 Thompson v. McCombe, 99 F.3d 352, 352 (9th…
  • Lasure v. McDonough, No. 2:22-cv-00190 (E.D. Wash. Dec. 20, 2022).
  • Margitan v. Spokane Cnty., No. 2:22-cv-00173 (E.D. Wash. Jan. 26, 2023).
Show 26 more citing cases
A party invoking the federal court’s jurisdiction has the burden of proving the actual existence of subject matter jurisdiction.no pin page on record · 3 citing cases listed
  • Johnson v. Gen. Dynamics Info. Tech., No. 2:24-cv-02033 (D. Nev. May 19, 2025).
    (A party invoking the federal court’s jurisdiction has the burden of proving the actual existence of subject matter jurisdiction.)
  • Bolero v. McCarley, No. 2:24-cv-01761 (D. Nev. Nov. 13, 2024).
    (A party invoking the federal court’s jurisdiction has the burden of proving the 22 actual existence of subject matter jurisdiction.)
  • Usigbe v. Petramala, No. 2:24-cv-01043 (D. Nev. Oct. 4, 2024).
    (A party invoking the federal court’s jurisdiction has the burden of proving the 22 actual existence of subject matter jurisdiction.)
At page 354 “the important question is ... whether the union currently deals with or represents private sector employees.”1 citing case1 citing court quotes it
  • Medford v. Civil Serv. Emps. Ass'n, Inc., 290 F. Supp. 3d 174 (E.D.N.Y 2017).published
    “the important question is ... whether the union currently deals with or represents private sector employees.”
Retrieving the full opinion text from the archive…
Harvey J. THOMPSON, III, Plaintiff-Appellant,
v.
William McCOMBE; Christine A. Zook; Local 192 Amalgamated Transit, Defendants-Appellees
95-17207.
Court of Appeals for the Ninth Circuit.
Nov 5, 1996.
Published opinion
99 F.3d 352
1996 U.S. App. LEXIS 28838
1996 WL 636030
Harvey J. Thompson, III, Richmond, CA, pro se., Victoria Chin, Leonard, Nathan, Zueker-man, Ross, Chin & Remar, Oakland, CA, for defendants-appellees.
Browning, Schroeder, Rymer.
Cited by 201 opinions  |  Published
3 passages pin-cited by 4 cases
Pinpoint authority: #17,809 of 633,719
Citer courts: D. Nevada (3) · E.D. New York (1)
PER CURIAM:

Harvey J. Thompson appeals pro se the district court’s Fed.R.Civ.P. 12(b)(1) dismissal for lack of subject matter jurisdiction of his action, pursuant to the Labor-Management Reporting and Disclosure Act of 1959 (“LMRDA”), 29 U.S.C. § 401, against Local 192 Amalgamated Transit Union (“ATU”) and two of the union’s officers. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Thompson was an employee of the Alame-da-Contra Costa Transit District (“AC Transit”), a public entity, see Cal.Pub.Util.Code § 24561, and belonged to the ATU. Thompson contends that the ATU violated the LMRDA by revoking his membership, expelling him from a union meeting, and calling the police to remove him after he refused to leave. The district court concluded that Thompson failed to establish that the ATU was a labor organization subject to the provisions of the LMRDA and dismissed Thompson’s action for lack of subject matter jurisdiction.

A district court’s conclusion that it lacks subject matter jurisdiction is reviewed de novo. Seven Resorts, Inc. v. Cantlen, 57 F.3d 771, 772 (9th Cir.1995). A party invoking the federal court’s jurisdiction has the burden of proving the actual existence of subject matter jurisdiction. Trentacosta v. Frontier Pac. Aircraft Indus., Inc., 813 F.2d 1553, 1559 (9th Cir.1987).

The LMRDA secures the right of a person to bring a civil action against a labor organization in district court. See 29 U.S.C. § 412. The term “labor organization,” as defined in the LMRDA, means an organization “which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment....” 29 U.S.C. § 402(i). A labor organization composed entirely of public sector employees is not a labor organization for purposes of the LMRDA. See 29 C.F.R. § 451.3.(a)(4). The circuit courts which have addressed the issue have uniformly held that the LMRDA does not apply to unions which represent only public sector employees. See Celli v. Shoell, 40 F.3d 324, 327 (10th Cir.1994); Diven v. Amalgamated Transit Union Int'l & Local 689, 38 F.3d 598, 601 (D.C.Cir.1994); Smith v. Office & Professional Employees Int’l Union, 821 F.2d 355, 356 (6th Cir.1987).

[*354] Thompson contends that the ATU is a “labor organization” within the meaning of the LMRDA because the ATU’s stated objectives, as outlined in its bylaws, include the “[organization of employees within the jurisdiction of Amalgamated Transit Union, Local 192” and the “[i]mprovement in wages, hours and conditions of employment for ... working people in general.” We agree with the district court’s conclusion that the language in the ATU’s bylaws neither states nor implies that the ATU represents private sector employees. Moreover, we agree with the district court that the breadth of the ATU’s goal of bettering employment conditions for “working people in general” does not relate specifically to the representation of employees.

Thompson further argues that, because the ATU has, in the past, sought and represented private sector employees, it is a “labor organization” subject to the LMRDA. Other circuits have indicated that the important question is not whether the union has represented private sector employees in the past, but whether the union currently deals with or represents private sector employees. See Martinez v. American Fed’n of Gov’t Employees, 980 F.2d 1039, 1042 (5th Cir.1993); Berardi v. Swanson Memorial Lodge No. 48, 920 F.2d 198, 202 (3d Cir.1990).

Here, the ATU was organized in 1901. Since the creation of AC Transit in approximately 1960, the ATU has exclusively represented AC Transit employees. Thompson has not established that he was a member of the ATU prior to 1960. Because the ATU does not currently deal with or represent any employees other than those of AC Transit, the ATU’s activities prior to 1960 are irrelevant. See Martinez, 980 F.2d at 1042; Berardi, 920 F.2d at 202. [1]

We join the other circuits and hold that a union which exclusively represents public sector employees is not a “labor organization” within the meaning of the LMRDA. See Celli, 40 F.3d at 327; Diven, 38 F.3d at 601; Smith, 821 F.2d at 356. Accordingly, the district court did not err by dismissing Thompson’s claim for lack of subject matter jurisdiction. See Trentacosta, 813 F.2d at 1559.

AFFIRMED.

1

. Thompson argues that the ATU is a private employer and has represented itself because the compensation of ATU employees is determined according to the compensation of AC Transit employees bargained for by the ATU. We agree with the district court that in choosing to apply terms from the negotiated agreement with AC Transit to its own employees, the ATU is not negotiating with itself and acts solely as an employer.