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
210 citation events (205 in the last 25 years) across 23 distinct courts.
Strongest positive: Boyd Hinton v. Brian Bryant, International Association of Machinist and Aerospace Workers, and John Does 1–10 (scd, 2026-05-20)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Boyd Hinton v. Brian Bryant, International Association of Machinist and Aerospace Workers, and John Does 1–10
D.S.C. · 2026 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a labor organization composed entirely of public sector employees is not a labor organization for purposes of the lmrda.
discussed Cited as authority (verbatim quote) John Susino v. Safeway Inc.
N.D. Cal. · 2025 · quote attribution · 1 verbatim quote · confidence high
a party invoking the federal 9 court's jurisdiction has the burden of proving the actual existence of subject matter jurisdiction.
discussed Cited as authority (verbatim quote) Dunn v. Noble Credit Union
E.D. Cal. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
a party invoking the 6 federal court's jurisdiction has the burden of proving the actual existence of subject matter 7 jurisdiction.
discussed Cited as authority (verbatim quote) Dunn v. Noble Credit Union
E.D. Cal. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
a party invoking the 25 federal court's jurisdiction has the burden of proving the actual existence of subject matter 26 jurisdiction.
discussed Cited as authority (verbatim quote) Smith v. Chase Bank
E.D. Cal. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
a 10 party invoking the federal court's jurisdiction has the burden of proving the actual existence of 11 subject matter jurisdiction.
discussed Cited as authority (verbatim quote) Smith v. Ayodele
E.D. Cal. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
a 16 party invoking the federal court's jurisdiction has the burden of proving the actual existence of 17 subject matter jurisdiction.
discussed Cited as authority (verbatim quote) Smith v. Novoa
E.D. Cal. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
a party 27 invoking the federal court's jurisdiction has the burden of proving the actual existence of subject 28 matter jurisdiction.
discussed Cited as authority (verbatim quote) Perkins Jr. v. Panorama Towers Condo Unit Owners, Dennis Kariger
D. Nev. · 2024 · quote attribution · 1 verbatim quote · confidence high
a party invoking the federal court's 12 jurisdiction has the burden of proving the actual existence of subject matter jurisdiction.
discussed Cited as authority (verbatim quote) McQuennie v. Wells Fargo Institutional Retirement Services
E.D. Cal. · 2023 · quote attribution · 1 verbatim quote · confidence high
a party invoking the 22 federal court's jurisdiction has the burden of proving the actual existence of subject matter 23 jurisdiction.
discussed Cited as authority (verbatim quote) Ziglar v. United States Postal Service
D. Ariz. · 2023 · quote attribution · 1 verbatim quote · confidence high
the party invoking 25 the court's jurisdiction bears the burden of proving the actual existence of subject matter 26 jurisdiction.
discussed Cited as authority (verbatim quote) (SS) Hafer v. United States
E.D. Cal. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
a party invoking the federal court's jurisdiction has the burden of proving the actual 28 1 existence of subject matter jurisdiction.
discussed Cited as authority (verbatim quote) Jones v. Pope
E.D. Cal. · 2022 · quote attribution · 1 verbatim quote · confidence high
a party invoking the 11 federal court's jurisdiction has the burden of proving the actual existence of subject matter 12 jurisdiction.
discussed Cited as authority (quoted) Johnson v. General Dynamics Information Technology
D. Nev. · 2025 · quote attribution · 1 verbatim quote · confidence low
a party invoking the federal court's jurisdiction has the burden of proving the actual existence of subject matter jurisdiction.
discussed Cited as authority (quoted) Bolero v. McCarley
D. Nev. · 2024 · quote attribution · 1 verbatim quote · confidence low
a party invoking the federal court's jurisdiction has the burden of proving the 22 actual existence of subject matter jurisdiction.
discussed Cited as authority (quoted) Usigbe v. Petramala
D. Nev. · 2024 · quote attribution · 1 verbatim quote · confidence low
a party invoking the federal court's jurisdiction has the burden of proving the 22 actual existence of subject matter jurisdiction.
discussed Cited as authority (quoted) Medford v. Civil Serv. Emps. Ass'n, Inc.
E.D.N.Y · 2017 · quote attribution · 1 verbatim quote · confidence low
he important question is ... whether the union currently deals with or represents private sector employees.
cited Cited as authority (rule) Milica Barjaktarovic v. State of Hawaii, et al.
D. Haw. · 2026 · confidence medium
Accordingly, a “party invoking the federal court’s jurisdiction has the burden of proving the actual existence of subject matter jurisdiction.” Thompson v. McCombe, 99 F.3d 352, 353 (9th Cir. 1996).
cited Cited as authority (rule) Jimmy Tate, Jaleceya Tate v. Capital Plus Financial, LLC, Prestamos CDFI, LLC, Benworth Capital, Harvest Small Business Financial, LLC, McCoy Federal Credit Union, Fountainhead SBF LLC, Central Pacific Bank, JPMorgan Chase Bank, National Association, Navy Federal Credit Union, Does 1-50, Financial Institutions to be Identified in Discovery
D. Haw. · 2025 · confidence medium
Accordingly, a “party invoking the federal court’s jurisdiction has the burden of proving the actual existence of subject matter jurisdiction.” Thompson v. McCombe, 99 F.3d 352, 353 (9th Cir. 1996).
cited Cited as authority (rule) Simmons v. Woo
D. Haw. · 2025 · confidence medium
Accordingly, a “party invoking the federal court’s jurisdiction has the burden of proving the actual existence of subject matter jurisdiction.” Thompson v. McCombe, 99 F.3d 352, 353 (9th Cir. 1996).
cited Cited as authority (rule) Barjaktarovic v. State of Hawaii
D. Haw. · 2025 · confidence medium
Accordingly, a “party invoking the federal court’s jurisdiction has the burden of proving the actual existence of subject matter jurisdiction.” Thompson v. McCombe, 99 F.3d 352, 353 (9th Cir. 1996).
discussed Cited as authority (rule) Ramos v. Metro by T-Mobile
E.D. Cal. · 2025 · confidence medium
By contrast, in a factual attack, the challenger disputes the truth of the 3 allegations that, by themselves, would otherwise invoke federal jurisdiction.” Safe Air 4 for Everyone v. Meyer, 373 F.3d 1035, 1039 (9th Cir. 2004). “[The] party invoking the 5 federal court's jurisdiction has the burden of proving the actual existence of subject 6 matter jurisdiction.” Thompson v. McCombe, 99 F.3d 352, 353 (9th Cir. 1996). 7 DISCUSSION 8 Techno CA LLC’s Motion to Intervene is supported by caselaw and unopposed. 9 The Court has subject matter jurisdiction over this case because Plaintiff rais…
discussed Cited as authority (rule) Central Valley Eden Environmental Defenders, LLC v. Airgas USA, LLC
E.D. Cal. · 2025 · confidence medium
By contrast, in a factual attack, the challenger disputes the truth of the 9 allegations that, by themselves, would otherwise invoke federal jurisdiction.” Safe Air 10 for Everyone v. Meyer (“Safe Air”), 373 F.3d 1035, 1039 (9th Cir. 2004). “[The] party 11 invoking the federal court's jurisdiction has the burden of proving the actual existence 12 of subject matter jurisdiction.” Thompson v. McCombe, 99 F.3d 352, 353 (9th Cir. 13 1996). 14 DISCUSSION 15 A. Airgas Brings a Facial Challenge Under Rule 12(b)(1) 16 In its briefing, Airgas asserts that it brings both a factual and facial c…
discussed Cited as authority (rule) Davis v. Wormuth
E.D. Cal. · 2025 · confidence medium
Cal. 2015). “[The] party invoking 7 the federal court's jurisdiction has the burden of proving the actual existence of 8 subject matter jurisdiction.” Thompson v. McCombe, 99 F.3d 352, 353 (9th Cir.1996). 9 DISCUSSION 10 The Court finds that while Plaintiff’s pleaded facts are sparse, he meets the 11 generous threshold afforded to him for his disparate treatment claim at this stage in 12 the litigation.
discussed Cited as authority (rule) The People of the State of California v. Sarkisova
S.D. Cal. · 2025 · confidence medium
Thompson v. McCombe, 6 99 F.3d 352, 353 (9th Cir. 1996). 7 Criminal state court actions are removable to federal court only under limited 8 circumstances set out in 28 U.S.C. §§ 1442 , 1442a, and 1443.
discussed Cited as authority (rule) Brown v. Newsom
E.D. Cal. · 2025 · confidence medium
In a facial challenge, taking the allegations in the 21 complaint as true, “the court must determine whether a lack of federal jurisdiction 22 appears from the face of the complaint itself.” Nat'l Fed'n of the Blind, 103 F. Supp. 3d 23 at 1078 . “[The] party invoking the federal court's jurisdiction has the burden of 24 proving the actual existence of subject matter jurisdiction.” Thompson v. McCombe, 25 99 F.3d 352, 353 (9th Cir. 1996); Chandler, 598 F.3d at 1122.2 26 27 2 Defendants also move to dismiss the action under Federal Rule of Civil Procedure 12(b)(6).
cited Cited as authority (rule) Hunt v. Street
D. Haw. · 2024 · confidence medium
Accordingly, a “party invoking the federal court’s jurisdiction has the burden of proving the actual existence of subject matter jurisdiction.” Thompson v. McCombe, 99 F.3d 352, 353 (9th Cir. 1996).
cited Cited as authority (rule) Kumar v. Schildt
D. Mont. · 2024 · confidence medium
Thompson v. McCombe, 99 F.3d 352, 353 (9th Cir. 1996).
cited Cited as authority (rule) Bennett v. Scouting America Aloha Council 104
D. Haw. · 2024 · confidence medium
Accordingly, a “party invoking the federal court’s jurisdiction has the burden of proving the actual existence of subject matter jurisdiction.” Thompson v. McCombe, 99 F.3d 352, 353 (9th Cir. 1996).
cited Cited as authority (rule) Bennett v. Scouting America Aloha Council 104
D. Haw. · 2024 · confidence medium
Accordingly, a “party invoking the federal court’s jurisdiction has the burden of proving the actual existence of subject matter jurisdiction.” Thompson v. McCombe, 99 F.3d 352, 353 (9th Cir. 1996).
discussed Cited as authority (rule) Swanson v. United States
E.D. Wash. · 2024 · confidence medium
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 of review applicable to a 20 motion for summary judgment because the jurisdictional issue and substantive 1 claims “are so intertwined that resolution of the jurisdictional question is 2 dependent on factual issues going to the merits.” Rosales v. United States, 824 3 F.2d 799 , 803 (9th Cir. 1987).
cited Cited as authority (rule) Hoosier v. State of Hawaii
D. Haw. · 2024 · confidence medium
Accordingly, a “party invoking the federal court’s jurisdiction has the burden of proving the actual existence of subject matter jurisdiction.” Thompson v. McCombe, 99 F.3d 352, 353 (9th Cir. 1996).
discussed Cited as authority (rule) The People of the State of California v. Smith
S.D. Cal. · 2024 · confidence medium
As the party seeking to invoke the jurisdiction of this court, Defendant 8 bears the burden of establishing the “actual existence of subject matter jurisdiction.” See 9 Thompson v. McCombe, 99 F.3d 352, 353 (9th Cir. 1996). 10 In his NOR, Defendant contends that the Court has diversity jurisdiction over this 11 action pursuant to 28 U.S.C. § 1332 because Plaintiff is a resident of the State of California, 12 Defendant is “domicile[d] in Taiwan,” and “well over $75,000.00 is in controversy.” (NOR 13 ¶ 11–14.) Diversity jurisdiction, however, is applicable only to “civil action…
cited Cited as authority (rule) Thomas v. Waianae Coast Comprehensive
D. Haw. · 2024 · confidence medium
Accordingly, a “party invoking the federal court’s jurisdiction has the burden of proving the actual existence of subject matter jurisdiction.” Thompson v. McCombe, 99 F.3d 352, 353 (9th Cir. 1996).
discussed Cited as authority (rule) Molina Incorporated v. Mimi Et Cie LLC
D. Ariz. · 2024 · confidence medium
Federal Rule of Civil Procedure 8(a)(1) requires 24 a federal plaintiff to include “a short and plain statement of the grounds for the court’s 25 jurisdiction” in their complaint because “[a] party invoking the federal court’s jurisdiction 26 has the burden of proving the actual existence of subject matter jurisdiction.” Thompson v. 27 McCombe, 99 F.3d 352, 353 (9th Cir. 1996). 28 Here, Molina resides in Maricopa County, Arizona; Mimi is a California limited 1 liability company; Mrs. Sohl-Holdo and Mr. Holdo reside in Pasadena, California; and LA 2 Gems is a California corporation.
cited Cited as authority (rule) Philips v. Berman
D. Guam · 2024 · confidence medium
"A party invoking the federal court's jurisdiction has 10 the burden of proving the actual existence of subject matter jurisdiction." Thompson v. McCombe, 11 99 F.3d 352, 353 (9th Cir. 1996).
cited Cited as authority (rule) Pestana v. State of Hawaii, Department of Education
D. Haw. · 2024 · confidence medium
Accordingly, a “party invoking the federal court’s jurisdiction has the burden of proving the actual existence of subject matter jurisdiction.” Thompson v. McCombe, 99 F.3d 352, 353 (9th Cir. 1996).
cited Cited as authority (rule) Barjaktarovic v. State of Hawaii
D. Haw. · 2024 · confidence medium
Accordingly, a “party invoking the federal court’s jurisdiction has the burden of proving the actual existence of subject matter jurisdiction.” Thompson v. McCombe, 99 F.3d 352, 353 (9th Cir. 1996).
discussed Cited as authority (rule) Mejia de Reyes v. Miller
E.D. Wash. · 2024 · confidence medium
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). 16 21 Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (explaining that to avoid dismissal, “a 17 complaint must contain sufficient factual matter, accepted as true, to state a claim 18 to relief that is plausible on its face,” and that “[a] claim has facial plausibility when 19 the plaintiff pleads factual content that allows the court to draw the reasonabl…
cited Cited as authority (rule) Gantt v. Director of FBI
D. Haw. · 2024 · confidence medium
Accordingly, a “party invoking the federal court’s jurisdiction has the burden of proving the actual existence of subject matter jurisdiction.” Thompson v. McCombe, 99 F.3d 352, 353 (9th Cir. 1996).
cited Cited as authority (rule) Kulik v. State of Hawaii
D. Haw. · 2024 · confidence medium
Accordingly, a “party invoking the federal court’s jurisdiction has the burden of proving the actual existence of subject matter jurisdiction.” Thompson v. McCombe, 99 F.3d 352, 353 (9th Cir. 1996).
cited Cited as authority (rule) Walker v. United States
D. Haw. · 2024 · confidence medium
Accordingly, a “party invoking the federal court’s jurisdiction has the burden of proving the actual existence of subject matter jurisdiction.” Thompson v. McCombe, 99 F.3d 352, 353 (9th Cir. 1996).
cited Cited as authority (rule) Korda v. State of Hawaii Hospital
D. Haw. · 2024 · confidence medium
Accordingly, a “party invoking the federal court’s jurisdiction has the burden of proving the actual existence of subject matter jurisdiction.” Thompson v. McCombe, 99 F.3d 352, 353 (9th Cir. 1996).
cited Cited as authority (rule) Kamana'o v. Chang
D. Haw. · 2024 · confidence medium
Accordingly, a “party invoking the federal court’s jurisdiction has the burden of proving the actual existence of subject matter jurisdiction.” Thompson v. McCombe, 99 F.3d 352, 353 (9th Cir. 1996).
discussed Cited as authority (rule) Valencia Gonzalez v. Moran
E.D. Wash. · 2024 · confidence medium
“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 allegations” in a factual attack and can consider the evidence outside the 19 20 21 13 Thompson v. McCombe, 99 F.3d 352, 352 (9th Cir. 1996). 22 14 Safe Air for Everyone v. Meyer, 373 F.3d 1035, 1039 (9th Cir. 2004). 1 complaint.15 A Rule 12(b)(6) motion seeks dismissal for failure to allege facts 2 sufficient to state any plausible claim.16 3 III.
cited Cited as authority (rule) Patel v. Biden
D. Haw. · 2024 · confidence medium
Accordingly, a “party invoking the federal court’s jurisdiction has the burden of proving the actual existence of subject matter jurisdiction.” Thompson v. McCombe, 99 F.3d 352, 353 (9th Cir. 1996).
discussed Cited as authority (rule) Anderson v. Edward D. Jones & Co., L.P.
E.D. Cal. · 2024 · confidence medium
Cal. 2015). “[The] party invoking the 13 federal court's jurisdiction has the burden of proving the actual existence of subject 14 matter jurisdiction.” , 99 F.3d 352, 353 (9th Cir.1996); 15 , 598 F.3d 1115, 1122 (9th Cir. 2010). 16 A Rule 12(b)(1) jurisdictional attack may be facial or factual. , 227 17 F.3d 1214 , 1242 (9th Cir. 2000) (citation omitted).
discussed Cited as authority (rule) Escalera Maldonado v. Miller
E.D. Wash. · 2023 · confidence medium
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 Cir. 1996). 19 12 Safe Air for Everyone v. Meyer, 373 F.3d 1035, 1039 (9th Cir. 2004). 20 13 Id. 21 14 5 U.S.C. § 702 ; see Gonzalez v. Cuccinelli, 985 F.3d 357 , 365 (4th Cir. 2021) (citing 22 28 U.S.C. § 1331 as the basis for subject-matter jurisdiction over APA claims). 1 instance, under certain circumstances, the APA allows a court to “compel age…
discussed Cited as authority (rule) Brito v. Miller
E.D. Wash. · 2023 · confidence medium
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 Cir. 1996). 19 12 Safe Air for Everyone v. Meyer, 373 F.3d 1035, 1039 (9th Cir. 2004). 20 13 Id. 21 14 5 U.S.C. § 702 ; see Gonzalez v. Cuccinelli, 985 F.3d 357 , 365 (4th Cir. 2021) (citing 22 28 U.S.C. § 1331 as the basis for subject-matter jurisdiction over APA claims). 1 instance, under certain circumstances, the APA allows a court to “compel age…
discussed Cited as authority (rule) Reyna v. Miller
E.D. Wash. · 2023 · confidence medium
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 Cir. 1996). 19 12 Safe Air for Everyone v. Meyer, 373 F.3d 1035, 1039 (9th Cir. 2004). 20 13 Id. 21 14 5 U.S.C. § 702 ; see Gonzalez v. Cuccinelli, 985 F.3d 357 , 365 (4th Cir. 2021) (citing 22 28 U.S.C. § 1331 as the basis for subject-matter jurisdiction over APA claims). 1 instance, under certain circumstances, the APA allows a court to “compel age…
discussed Cited as authority (rule) Camacho Carrillo v. Miller
E.D. Wash. · 2023 · confidence medium
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 Cir. 1996). 19 12 Safe Air for Everyone v. Meyer, 373 F.3d 1035, 1039 (9th Cir. 2004). 20 13 Id. 21 14 5 U.S.C. § 702 ; see Gonzalez v. Cuccinelli, 985 F.3d 357, 365 (4th Cir. 2021) (citing 22 28 U.S.C. § 1331 as the basis for subject-matter jurisdiction over APA claims). 1 instance, under certain circumstances, the APA allows a court to “compel agen…
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.
99 F.3d 352
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.