UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

JOSE MENDOZA, JR., individually and No. 20-16079 as a member and representative of the Amalgamated Transit Union D.C. Nos. Local 1637, 2:17-cv-02485- Plaintiff-Appellant, JCM-CWH 2:18-cv-00959- v. JCM-DJA (Consol.) AMALGAMATED TRANSIT UNION INTERNATIONAL; JAMES LINDSAY III, individually and in his official capacity as ATU International Vice President and Trustee; LAWRENCE HANLEY, individually and in his official capacity as International Union President; ANTONETTE BRYANT, individually and in her official capacity as International Representative and Hearing Officer; TERRY RICHARDS; CAROLYN HIGGINS; KEIRA MCNETT; DANIEL SMITH; TYLER HOME, Defendants-Appellees. 2 MENDOZA V. ATU

JOSE MENDOZA, JR.; ROBBIE No. 20-16080 HARRIS; ROBERT NAYLOR; MYEKO EASLEY; DENNIS HENNESSEY; GARY D.C. No. SANDERS; LINDA JOHNSON- 2:18-cv-00959- SANDERS; CESAR JIMENEZ, JCM-DJA individually and each as members and on behalf of Amalgamated Transit Union Local 1637 OPINION membership, and as majority of the Local 1637 Executive Board, Plaintiffs-Appellants,

v. AMALGAMATED TRANSIT UNION INTERNATIONAL; JAMES LINDSAY III, individually and as ATU International Vice President and Trustee; LAWRENCE HANLEY, individually and as ATU International Union President; ANTONETTE BRYANT, individually and as Hearing Officer; RICHIE MURPHY, individually and as International Vice President; KEIRA MCNETT, individually and as ATU Associate General Counsel; DANIEL SMITH, individually and as ATU Associate General Counsel; TYLER HOME, individually and as ATU Auditor; KEOLIS TRANSIT AMERICA INC.; KEVIN MANZANARES, individually, and as an employee of Keolis; MILLER KAPLAN & ARASE, a MENDOZA V. ATU 3

limited liability partnership; ANN SALVADOR, individually and as an employee of MKA; ALEXANDER CHERNYAK, individually and as an employee of MKA, Defendants-Appellees.

Appeal from the United States District Court for the District of Nevada James C. Mahan, District Judge, Presiding

Argued and Submitted June 11, 2021 Seattle, Washington

Filed April 7, 2022

Before: William A. Fletcher, Paul J. Watford, and Daniel P. Collins, Circuit Judges.

Opinion by Judge Collins 4 MENDOZA V. ATU

SUMMARY *

Labor Law

The panel affirmed the district court’s dismissal of labor law claims as barred by the doctrine of claim-splitting.

These appeals arose from two overlapping suits challenging a national union’s imposition of a trusteeship over one of its local unions. After discovering apparent financial malfeasance by Jose Mendoza, then president of Local 1637, the Amalgamated Transit Union (“ATU”) imposed the trusteeship, thereby removing Mendoza and the other Local 1637 executive board members from office. Mendoza filed a single-plaintiff action (“Mendoza I”) against ATU and several of its officers. Later, while that action was still pending, Mendoza filed a second, multi- plaintiff action (“Mendoza II”) in which he and a majority of the other former executive board members of Local 1637 asserted related claims against ATU, the same ATU officers, and several other defendants.

The panel affirmed the district court’s dismissal of all claims against ATU and its officers in Mendoza II as barred by claim-splitting. The panel held that, with respect to the claims against ATU and its officers, the additional plaintiffs in Mendoza II were adequately represented by Mendoza