Petition for Writ of Certiorari — Byron Lee, Petitioner v. AT&T Services, Inc., et al.

Supreme Court briefNov 17, 2020

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A'

GRiGIsMAL

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to.

FILED

NOV 1 7 2020

IN THE

OFFICE OF THE CLERK

SUPREME COURT HR

SUPREME COURT OF THE UNITED STATES

r 1

'.i

BYRda/ Lee

— PETITIONER

(Your Name)

vs.

/p"

i Services,xtJc. /Padf;c &ell

— RESPONDENT(S)

ON PETITION FOR A WRIT OF CERTIORARI TO

"T'ME bhMTR C1R. CT. oF A7PS-AL S

(NAME OF COURT THAT LAST RULED ON MERITS OF YOUR CASE)

PETITION FOR WRIT OF CERTIORARI

BYRoN Lee

(Your Name)

H&SV-&U3 EAST Me. S

(Address)

PaLHDaLE, CA. 93E50.

(City, State, Zip Code)

A//A

(Phone Number)

Questions

1.)

Did

of

Appeals,

Los

Angeles'

commit

FEHA

violation(s)

neither

court

Ct.

2007

the

courts'

2.)

Did

of

Appeals,

California

Court

or The

Ninth

Protection

Under

The

Law

violation

or

Cir.

Ct.

case

directly

v.

FEHA

violation(s)

preemption

Kewit's

twosteps

judicial

both

lower

an

courts

subject

matter

failed

removal

Central

or

Angeles'

Superior

3.)

a

federal

to

federal

question

qualifier

to

a

law

California's

FEHA

4.)

Did

of

Appeals,

Los

granted

the

merits

violation(s)

Central

a

numerous,

Los

Protection

Under

The

Law

5.)

Did

The

Law

violation

In

6.) Did Los

of Appeals,

These

respondent's

petitioner

claim

from

Cir.

or

conflicts,

when

lower

complaint,

of

California

28 U.S.C

written

Superior

when

the

Duty),

of

The

Court

§

requests,

FEHA

Appeals,

to

courts,

Los

public

counsel,

based

solely

on

an

when

appellant's

to

a

district

complaint

is

face

legally

Law

violation

The

Ninth

proven

or

Cir.

when neither

plaintiff's

plaintiff's

Equal

Ct.

court

?

Equal

the

pleaded

remand

violation (s)

commit

violation (s),

or

1447 (c),

Court, violates

California's

properly

jurisdiction,

Under

Protection

court

Los

Under

denied

Angeles

The

appellant

District

n

?

Central District of California Court or The Ninth

an Equal Protection Under The Law violation or

neither

court,

written

requests,

alleging

Breach

of

Los

matter

a

Protection

against

status

of

Equal

when

7. J Did

subject

FEHA

Pauperis

face

Contract

violation (s),

union

the

Employment

Angeles

Ct.

on

of

FEHA

labor

remove

California's

Angeles'

commit

California's

with

to

jurisdiction

or

Ct.

decision.

or

Forma

violation

Cir.

conflicts

informal

to

Court

Law

The Ninth

direct

District

conflict

' back'

for

or

?

removal

in

plaintiff

(Breach

complaint

request

of

?

Ninth

Court

The

are

awards

an

Angeles'

plaintiff

support

state-court

presented

claim,

created

(substantial) test, to

decisions

Cir.

?

court,

state

when

matter

used

automatically

decide

conflict,

Ninth

preemption

Under

Ct.

subject

decisions,

question,

complaint,

be

the

decision

Cir.

California's

decisions, using the

California

Protection

statutes,

Court

of

related

affirmed

jurisdictions

complete

District

Equal

directly

motion

Ninth

complete

dependent

Angeles'

commit

related

their

substantially

Los

plaintiff

District of

Equal

supported

Burnside

Do

Central

an

or

Presented

addressed

Fair

plaintiff

Representative

numerous,

Duty

Cir. Ct.

California's

informal,

against

plaintiff's

?

Angeles

County

2018

Pro

Per

litigants

(including petitioner),

had

their

Summary - Judgement

Se

Clinic

zero

or

Los

Angeles

Clinic,

(Los Angeles'Public Counsel),

extremely

Public

California's

8.) Did

of

Opposition - motions,

limited

2018

Pro

Counsel,

an

Equal

FEHA

violation(s)

Los

Angeles'

Central

Appeals,

commit

FEHA

unexpectedly

alternative

County

affected,

Per

options,

between

Federal

Pro

The

Law

violation

Court

or

The

Se

or

?

District

of

California

numerous

court

records,

alleging

Contract

Duty

violation,

Angeles'

available

Under

addressed

Los

closure,

Protection

court

Employment

weeks

Angeles

Protection

of

with

plus

Los

Equal

Breach

Federal • Pro

and

neither

in

Angeles

litigants

an

allegations,

Los

ten (10)

communication

when

violation(s),

by

Under

The

Law

plaintiff,

Ninth

violation

informal,

or

plaintiff

Ct.

California's

written

Defendant/Appellee's

against

Cir.

committed,

employment

a

rights

?

9.) Did

Central

District

of

of Appeals, commit a Breach Of The

Fair Dealing Duty or California's FEHA

to

fully

or

decisions

?

10.)

Did

of

Appeals,

Los

California's

written

completely,

and

Angeles'

committed

FEHA

addressed

Central

an

video

copy

of

Court

or

Implied Covenant

violation(s), when

plaintiff's

District

Equal

violation(s),

California

of

Protection

complaint

California

Under

The

Cir.

Ct.

Of Good Faith And

the lower courts failed,

issues

Court

The

Ninth

in

or

Law

the

The

lower

Ninth

violation

courts

Cir.

or

when

neither

court

fulfill

plaintiff

request

for

his

September

13,

2017

deposition

transcript

a

?

Ct.

list

[x] All

parties

appear

[ ] All

parties

DO

A

in

NOT

list

of

all

parties

subject

of

this

petition

the

caption

appear

in

to

of

of

the

case

on

the

cover

caption

of

the

case

on

court

whose

judgement

is

Court.

Judgement

entered

February

27,

U.S.

Supreme

Court.

of

Workers,

the

the

proceeding

as

following:

is

parties

in

RELATED

Vaca

v.

Sipes,

No. 114,

Caterpillar

Inc.

v.

June

1987.

U.S.

Supreme

the

page.

the

cover

page.

the

CASE

1967.

9,

Builders

Court

&

of

Contractors

Appeals

Balcorta

v.

for

Ninth

the

Burnside

Williams,

for

Twentieth

v.

Circuit.

Kobold

v.

Appeals

for

Good

the

Local

the

Ninth

Judgement

entered

Samaritan

Ninth

302

Circuit.

No.

20,

Judgement

entered

No. 95-16202,

U.S.

entered

March

27,

98-56547,

U.S.

Court

of

Appeals

Appeals

for

the

U.S. Court

of

6,

1997.

2000.

U.S.

Court

of

2007.

Medical

Judgement

No.

April

04-57134,

June

Elec.

Judgement

Corp.,

entered

Regional

Circuit.

Intern,

Fox-Film

Pacific Corp.,

Judgement

86-526,

v.

Century

Circuit.

Kiewit

Ninth

No.

Center,

entered

No. 13-35528,

August

9,

2016.

TABLE

OF

CONTENTS

OPINIONS BELOW.

1

JURISDICTION

2

CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED

3

STATEMENT OF THE CASE,

6

REASONS FOR GRANTING THE WRIT.

19

CONCLUSION

26

INDEX

APPENDIX

A

:

Decision

of

U. S. Court

APPENDIX

B

:

Decision

of

U. S.

APPENDIX

C

:

Order

of

U. S. Court

APPENDIX

D

Copy

of

Respondent's

APPENDIX

E

Copy

of

Plaintiff's

APPENDIX

F

Copy

of

Respondent

APPENDIX

G

:

Copy

of

Plaintiff

APPENDIX

H

:

Copy

of

Ninth

APPENDIX

I

:

Copy

of

Ninth

Cir.

APPENDIX

J

:

Copy

of

Ninth

Cir.

APPENDIX

K

Copy

of

Plaintiff's

APPENDIX

L

Copy

of

Respondent

APPENDIX

M:

APPENDIX

N

:

:

:

:

California's

:

Copy

of

Fair

TO

Of

Appeals

District

Of

Central

Appeals

For

AT&T - CWA

The

District

The

2012

2017

Court

Ninth

Of

Ninth

CBA

Circuit.

California.

Circuit

Article

Complaint

Removal

1

Denying

and

Capture

Granted

Docket

Fee

Letter.

Public

Counsel

Request

Form.

Public

Counsel

Request

Denial - Docket

Ct.

District

Ninth

Court

Time

Cir.

Ct.

Page

Appeal.

Extension

Answer

No.

Motion.

Brief

and

Housing

Act-Partial.

Deposition

Transcript

Request.

Page

9.

Rehearing.

Article

Motion.

Court

Employment

Plaintiff's

25,

Superior

District

For

Court

Janurary

Cir.

APPENDICES

7.05.

TABLE

'OF

AUTHORITIES

CITED

PAGE

CASE

Balcorta

v.

208

F. 3d

Builders

&

109

Caterpillar

482

v.

v.

Pacific

1053

Inc.

v.

Williams,

U.S. 386

(U.S. 1987)

Good

Samaritan

v.

Sipes,

386

U.S.

AND

,7,11.

Local

302

Intern,

of

Elec.

Workers,

6.

Corp.,

6, 7.

(9th cir. 2007)

1024

171

Corp.,

(9th Cir. 1997)

F. 3d

F. 3d

STATUTES

1353

Kiewit

832

Film

(9th Cir. 2000)

Contractors

v.

491

Vaca

1102

F. 3d

Burnside

Kobold

Twentieth ' Century-Fox

NUMBER

7, 8, 9,10.

Regional

(9th Cir. 2007)

(1967)

Medical

Center,

13.

14.

RULES

U.S. Const, amend. XIV

7, 9,10,11,12,14,15,16,17.

28

U.S.C.

§

1331

8.

28

U.S.C.

§

1367

,8.

29

U.S.C.

§

185

8.

-29—UtS.£—§—185(a)

8t

29

U.S.C.

§

185(b)

.9.

29

U.S.C.

§

185 (c)

,9.

28

U.S.C.

§

1447 (c)

29

U.S.C.

§§

151-169

Cal. Gov. Code

§§

,8,11.

7,10,11,12,13,14,15,16,17.

12900 -12996

,7,17.

NLRB

§

8

(b)(1)(A)

NLRB

§

8

(b) (1) (A)

Breach

of

repersentative

Duty

NLRB

§

8

(b)(1)(A)

Breach

of

Employment

Contract

Duty

NLRB

§

8

(b) (1) (A)

Breach

of

the

Covenant

of

Fair

7,10,11,12,13,14,15,16,

Dealing

Duty

Implied

17.

14.

15.

Good

.8,10,11,13,14,15,16,17.

Faith

and

IN THE

SUPREME COURT OF THE UNITED STATES

PETITION FOR WRIT OF CERTIORARI

Petitioner respectfully prays that a writ of certiorari issue to review the judgment below.

OPINIONS BELOW

[>0 For cases from federal courts:

The opinion of the United States court of appeals appears at Appendix _A

the petition and is

to

[ ] reported at

; or,

[ ] has been designated for publication but is not yet reported; or,

[x] is unpublished.

The opinion of the United States district court appears at Appendix JL

the petition and is

[ ] reported at

; or,

[ ] has been designated for publication but is not yet reported; or,

[x] is unpublished.

[ ] For cases from state courts:

The opinion of the highest state court to review the merits appears at

Appendix_____ to the petition and is

[ ] reported at

J or,

[ 1 has been designated for publication but is not yet reported; or,

[ ] is unpublished.

The opinion of the _

appears at Appendix

court

to the petition'and is

; or,

[ ] reported at

[ ] has been designated for publication but is not yet reported; or,

[ ] is unpublished.

1.

to

• JURiSDSGTTOM

[X] For cases from federal courts:

The date on which the United States Court of Appeals decided my case

was MA-Rch lb xoxo_________ #

[ ] No petition for rehearing was timely filed in my case.

[XI A timely petition for rehearing was denied by the United States Court of

Appeals on the following date: Toly A,-ao3&

, and a copy of the

order denying rehearing appears at Appendix

[X] An extension of time to file the petition for a writ of certiorari was granted

to and including

is n-M-icio (date) on

(date)

in Application No. __ A

• CoVl'D-H‘6,0 DAYS AUTOMATAc EXiEMS'iCti

The jurisdiction of this Court is invoked under 28 U. S. C. § 1254(1).

[ ] For cases from state courts:

The date on which the highest state court decided my case was

A copy of that decision appears at Appendix______

[ ] A timely petition for rehearing was thereafter denied on the following date:

_________ '____________ , and a copy of the order denying rehearing

appears at Appendix

[ ] An extension of time to file the petition for a writ of certiorari was granted

to and including____

(date) on

(date) in

Application No.__ A

The jurisdiction of this Court is invoked under 28 U. S. C. § 1257(a)

a

CONSTITUTIONAL

U.S. Const, amend. XIV.

subject

the

to

the

abridge

shall

any

process

born

or

jurisdiction

thereof,

are

citizens

of

state

shall

they

reside.

the privileges

deprive

law;

nor

No

or

immunities

of

person

life,

deny

to

the

laws.1

28

§

1331.

Original

jurisdiction

of

all

the United

States.

this chapter

is

not

dependent

28

§

1367.

Supplemental

U.S.C.

subsections

any

civil

shall

related

to

part

of

of

States,

the

United

States

and

of

make

or

enforce

any

law

which

citizens

the

of

the

United

States;

nor

property,

without

due

within

its

expressly

of which

the

district

jurisdiction

the

courts

arising

amount

in

' (a)

Except

original

all

other

jurisdiction,

the

district

claims

that

are

so

original

jurisdiction

that

they

form

or controversy

under

Article

III

of

the

supplemental jurisdiction

shall

include

claims

that

case

after

removal

generally,

the

of

defect

other

than

lack

days

after

basis

be

additional parties.1

any

made

section

within

1446(a).

30

If at

any

United

States

involve

the

(Appendix F)

time

'A

motion

to

remand

of

subject

matter

the

filing

of

notice

before

final

judgment

the

it

be

costs

any

the

expenses,

including

attorney

copy

the

State

removal.

A

certified

clerk

to

the

clerk

of

proceed

with

such

case.

29

U.S.C.

§

185.

Suits

29 H.S.C.

§

185

(a) .

contracts between

an

of

the

fees,

incurred

as

order

of

remand

shall

be mailed

court.

The

State

court

may

by

and

Venue,

against

amount,

and

a

industry affecting

commerce

as

defined

may

brought

States

having jurisdiction

be

of

the

parties,

3

labor

and

employer

organizations,

result

of

by

there

and

the

upon

(Appendix A, B, C, F)

an

labor

a

of

appears

that the district court lacks subject matter jurisdiction, the case shall

remanded. An order r emanding the case may require payment of just

actual

in

such

the action

Procedure

under

(Appendix F)

statute,

1447 (c),

removal

of

within

in

same

must

sections

Federal

§

jurisdiction

other

otherwise by

of

case on

of

in

intervention

the

treaties

provided

joinder

U.S.C.

original

as

Such

28

have

controversy.1

Constitution.

or

equal

laws, or

under

have

over

shall

Constitution,

questions

courts

the

and

J, K, M, N)

provided

jurisdiction

or

district

Jurisdiction,

as

in

liberty,

' The

federal

upon

have supplemental

United

under

or

claims

the

arising

INVOLVED

the

A, B, C, E, F, H,

Jurisdiction,

actions

(c)

action

courts

(Appendix

Jurisdiction

(b) and

of

any person

of

civil

naturalized

any

protection

U.S.C

PROVISIONS

persons

state

of

STATUTORY

' All

state wherein

shall

AND

labor

in

(Appendix F).

organizations.

citizerisfii p7 'Su its

organization

in

this

for

violation

representing

chapter,

or

of

“

employees

in

between

any

district

court

of

the

without

respect

to

the

amount

any

United

in

such

controversy

or

29

§

U.S.C.

without regard -to

citizenship

employees in

an

or

be

sued

in

the

courts

as

of

district

industry

in

only

against

organization

be

enforceable

29

U.S.C.

by

or against

§

against

185

any

(c),

labor

entity

the

organization

the

a

an

labor

affecting

commerce

affect

its agents.

and

United

in

behalf

Any

the

United

court

of

an

entity

as

member

Jurisdiction,' For

the

labor

of the

against its assets, and shall not

(Appendix F)

or his assets.

purposes

of

courts

actions

and

of

the

United

labor

organization

(1)

or

(2)

office,

or

agents

are

engaged

in

Congress

enacted

the

officers

employee members.'

(Appendix

employers,

to

labor

management practices,

workers,

encourage collective

businesses

and

the

bargaining,

rights

and

harm

which

of

to curtail certain

the general

can

(Appendix

U.S. economy.

the

States,

F)

29 U.S.C. §§ 151-169, NATIONAL LABOR RELATIONS ACT,

National Labor Relations Act ("NLRA") in 1935 to protect

of

proceedings

principal

duly authorized

welfare

be enforceable

its

which

and

shall

it

maintains

in

sector

whom

against a

a

organization

private

employees

of

which such

and

organization

money judgment

States

this

jurisdiction

in

its

such

in

have

district

for

defined

district

in

acting

to

as

this

the

be

in any district

representing or

deemed

in

courts shall

employees

(Appendix F)

and

individual

organizations

Any

States.

district

the

parties.1

entity

for

agent;

Any labor organization

commerce as defined in

and any employer whose activities

shall be

bound by the acts of

may sue

represents

of- the

185 (b).

Responsibility

for

acts

of

suit; enforcement of money judgments,'

purposes

of

which represents

chapter

chapter

the

A, B, C, E, F, H,

J,

K, M, N )

(1) to restrain

NLRB 5 8(b)(1)(A),

of the rights guaranteed in section 7

or

this

of

paragraph shall not

rules

own

(Appendix

with

impair

respect to

A, B, C, E, F, H,

the

the

right

union

has

duty

union

or

not-fairly,

in

virtually

every

action

as your

operating

representative,

cannot

to

exclusive

of

labor

this

in

title]:

organization

retention

of

Representative Duty,

in good faith, and

to represent

good

faith, and

that

a

including

all

union

the exercise

Provided, That

to prescribe

membership

halls.

process

a

grievance

or because you are not

ordinarily apply to rights

a

a

member of

worker can

in

because

a

have

without

whether

dealing

bargaining,“handling

example,

M

You

discrimination.

may take

collective

For

employees-

without

hiring

refuse

a

or

employees

its

therein.

J, K, M, N )

Your

to

[section 157

acquisition

NLRB § 8 (bj (1) (A), Breach of Fair

be represented by your union fairly,

the

(A)

coerce

a

right

to

discrimination.

members

of

the

This

duty

applies

with

an

employer

grievances,

and

union which represents you

you have criticized union officials

the union, But the duty does not

enforce independently - such as filing a

workers' compensation

claim - or

to

for

discipline members

NLRB

§

8 (b) (1) (A).

Act

forbids

the

exercise

of

improve

terms

activity.

Similarly,

the

Breach

National

restraining,

or

joining

from

working

of employment,

or

refraining

conditions

rights.

8(b)(1)(A),

Breach

Duty,

' An

will

in

good

faith

using

shifty

means

may

(Appendix

of

the

implied obligation

and

understood.

employment

employment

agencies,

that

to

assumes

with

The

apprenticeship

or

discrimination

FEHA

is

the

on

mental

to

a

the

labor

organizations,

person

or

doing

race

or

disability

any

of

Fair

contract

their

party

color; religion;

medical

conditions.

any

practice

forbidden

with

or

respect

testifying,

or

assisting

in

intended

to

reflect

the desires

judgment

proceedings

by

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Labor

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Board.

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D,

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court

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California

on

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January 25, 2017 complaint.)

jurisdiction claim, ^ed to the

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2007 Burnside

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of

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2017,

alteration

v.

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jurisdiction

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copy

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Contractors

(9th Cir. 1997)

their

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language

listed

complaint

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plaintiff's

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LMRA, subsection 301, complete preemption -

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law",

employee

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can be resolved by look[ing]

dependent'

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means

to versus interpreting the CBA.",

the claim

1053,1060 (9th Cir. 2007) (alteration

Burnside v. Kiewit Pacific Corp., 491 F.3d

added) (emphasis added) and not by the number of times or subject matters, a

a collective bargaining agreement.

look at' or ' refer to

court may need to

The Ninth Cir. previously

complete preemption, the

more than ' consider,'

Century-Fox Film Corp.,

stressed that, •" in

term interpret is

the context of subsection

defined narrowly~it means

301

something

or 'apply'", Balcorta v. Twentieth

or ' refer to

208 F.3d 1102,1108 (9th Cir. 2000) (alteration in orginal) (emphasis

added)

When

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look

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CBA,

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1 refer

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7.05

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case.

3

or

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(Appendix E)

or ' consider

incompletion, then a court will discover petitioner's breach of employment contract

element can be resolve without a court interpreting respondent CBA. Therefore,

petitioner

believes

complete

preemption

do

not

apply

in

petitioner's Breach of Employment Contract element, can be resolved,

without interpreting respondent's 2012 CBA, leads to Los Angeles Central District

of California Court and The Ninth Cir. Ct.'s, unlawful, recorded, breach of

Since

employment

contract,

federal

can not

stand,

without

America

judicial

system.

Petitioner

LMRA

believes,

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and

jurisdiction

inflicting

the

preempt

a

district

any

this

matter jurisdiction over

cause of action.", Caterpillar

claim

national,

court

civil

29

151-169

U.S.C.

NLRB

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§§

8

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preemption

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—U.S.-Const. amend.-XIV-

§§

complete

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added)

Cal. Gov. Code

and

7

482

U.S.

386,392(1987)

the

subject

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(emphsis

NLRB

Fair

§

8

(b) (1) (A)

Dealing

Argument

removal

No.

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U.S.C.

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Order

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on

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not, apply

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reversed,

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were

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removed...The

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upon

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claims

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require interpretation or application of

concluded that the complaint did not

respondents'

did

not

the collective-bargaining agreement..the

arise under § 301 and was not

court

removable to federal court.", Caterpillar'- Inc.

(1987) (alterations in original) (emphsis added)

29

U.S.C.

of

suit;

§

Title:

enforement

complaint,

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of

Responsibility

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States

Court,

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judgement:

labor

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U.S.C. §

185 (c)

Title:

Jurisdiction:

lacks subject

Williams,

acts

of

not

have

if

482

U.S.

386,390,391

enity

for

currently

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to

represent

petitioner

a

a

of action

agent;

not

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enforcement of money judgement will apply

decision than the lower courts decisions.

29

v.

Do

petitioner

cause

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claim.

produce

Do not apply to

matter jurisdiction.

purposes

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interest,

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The

a

different

petitioner's

complaint,

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based on defendant

failure to establish a single federal question, recognized by Los Angeles' Central

District of California Court, to qualify as federal jurisdiction ground and a

complaint face, federal question,

interpreting respondent CBA.

"a

defendant

that

asserts

arising

cannot,

what

under

is

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jurisdition

qualified

merely

by

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a

plainly

a

state-law

claim,

an

action

action

into

one

defenses

do not provide a basic, for removal.", Caterpillar

394 (1987) (alteration in original)(emphsis added)

Inc. v.

Williams,

482

U.S.

386,

28

U.S.C.

" in

any

civil

action

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district

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386,392 (1987)

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U.S. Const, amend. XIV

29

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and

other

against

Southwestern

There

CEOs

and

relationships,

accusations,

will

to

personal

Americans.

When

based

unhealthy

events

class

unfairness

courts

in

corporations

charity

working

to

California, of bias, against some working class

treatment, towards America's business class corporations.

there

petitioner's

petitioner

system

Pacific

Bell

headquarter

because

in

SBC

in

1997

liberal

business

(AT&T

values

model

in

San

atmosphere,

values.

metropolitan,

maintain

available

California

SBC

in

cities,

conservative

San

Diego

and

that

image.

Orange

naturally

SBC

fits

SBC

conservative

County

conservative

lifestyles..

As

petitioner

ponded,

SBC's

San

Francisco

SBC

business

objectives,

for

their

San

San

Francisco

is

power.

California

condense,

area

past

Francisco. The

a consistent, violator

Francisco's

filthy,

corrupt

and

current

powerful

Court

of

mixture

of

political

alleys

and

dirty,

back

realization,

working

class

towards

America

working

class

Gaining

a

increased,

through

Californians,

highest

created a

he

quickly

realized

location.

pure

political

politicians,

Appeals,

is

lives

located

and

judicial

in

and

state

around

in

San

Francisco.

decades,

San

There's

power

and

money,

for

secret,

high

society

world,

is

huge

part

of

working

class

Californians.

corrupt

status

real

selection,

sense

mixture,

among

of

advance

hard

a

hopelessness

desperate

to

their

paying jobs

positions, to

became

more

difficult,

as

America's

oligarchy

social

their

San

operating

under

futures,

children

avoid

in

for

the

common

upward ' mobilities, .

parents,

back-breaking

status.

financial

across

our

of

Circuit

darkness, without any reproach. This

core sickness, that produces poverty

This

Francisco

California

Ninth

headquarter

all

country

edge

sectors.

biology, bloodlines

3io

and

these

California

corruption

structures

bloodlines

are

main

levels,

rooted

concerns,

deep,

are

control

and

If

Supreme

the

total

power,

Court

discover,

petitioner

judicial

system

over

select

was

America

daily

exsitence.

petitioner

case

for

(and

other Pro Per litigants),

(multiple

times

Los

Angeles

Appeals).

Ninth

Cir.

Ct.

of

and

his

family

loss

their

Petitioner's . wrongful

in

Purposely

true

petitioner

termination

claim,

is

worst

civil

action

our

time.

These

long

pro

bono

without upfront

full

seriously

David

strenght

of

employees,

petitioner legal

federal

institution,

our

verses

Goliath

America

story,

is

testimony

from

courts

Petitioner's

Angeles

Federal

dinner

receiving

handshakes

Lady Justice's

Flight.

members

U.S.

Supreme

to

and

the

Court.

legal

judicial

and

back

pats,

and

fair

judgement

blind

extension

motion,

requesting

Se

Clinic' to

reopen,

from

Angeles

to

silence

business

parties

or

held

prevented

in

system.

information

Counsel,

Powerful

Fight

time

Pro

Los

options:

fight,

any

greatest

through

two

prevented

America

Example:

Public

discussion

claim,

at

lower

receive

court

of

with

California

to

any

actions

considering

petitioner'scomplaint.

provided

of

civil

type

plaintiff

plaintiff's complaint

have

worthy

the

hard

left

aligned

in

sacrifice.

plaintiff

A

times

work and

as

stand,

multiple

either way,

respects,

we

and

unpurposely,

concerning

Here

court

California

through

system

payment,

through

quickly

earned

beliefs,

or

will

values,

courts

from

district

court

life

judicial

service

the

victimized

The

attorneys,

review,

County

and

2018

guidance

correctly

file

Pro

from

Pro Per

its

Per

Los

more

ten-plus

an

Federal

summary

to

weeks

litigants,

Angeles

litigants'

time

allow

Los

closure,

would

EQUAL

opportunity

Pro

Clinic

Se

judgement

opposition

motions.

After

defendent

countless

legal

pathway

for

/or

statutory

provisions

a

conflicts,

occurred

at

complaint

proceeded

legal

fair

violations and

is

a

reached

a

tipping

Through

petitioner'sQuestions

petition,

lies

favorable

through

Plaintiff

his

point

litigant,

claimed

conducted

inside

U.S.C.

1367

§

Los

and

Angeles

29

at their

Show

185,

a\

judgement,

to

appellate

decisions,

a

solid

plaintiff

constitutional

court

as

reflections

Cause

listed

to satisfy

grievance

corruption

Statements

Court,

fair

and

case

petitioner

structure.

business

and

Superior

U.S.C. §

due

representing

complaint.

Defendent

intact,

judicial

provoking

Example:

remain

court

thoughts

petitioner's

a

defendant

Presented

concerning

prevent

related

between pure

decisions,

to

directly

California's

class

bare,

blocks,

justice decision

each

working

road

of

upon

Removal

statutes

superior

claim,

that

and

blind justice.

the

Case

California's

Motion

sections of

lower

courts

hearing,

28

U.S.C.

§ 1331,

28

court

legal

grounds,

to

to

grant ‘ removal,

Los

Angeles

district- court,

against

an

angry

presiding

judge,

judgement.

of

None

defendant's

federal

invoked

statutes, in

validated in

cause removal motion hearing, were

Written then filed, in the district court

record

The

also

Central

question

District

raised,

Court,

ruled

against,

24,

every

2018.

bogus

federal

Left

defendant, through their summary judgement motion,

cause removal motion, without any federal question jurisdiction.

constantly,

requested

his

plaintiff's

informal

briefs,

through

§

California

September

on

show

Superior Court,

court decision.

by

defendant's show

Althought plaintiff

state-case,

28 U.S.C.

of

Los Angeles

the district

1447(c),

to

remand

complaint,

both

petitioner

be

lower

complaint

remand

courts

back

back

to

failed

to

Los

Angeles

to

activate

Superior Court, based on a lack of subject matter jurisdiction in the district

court. The district court claimed subject matter jurisdiction, under the plaintiffs

well-pleaded

dependent

complaint

on

rule.

Cited

defendant's

breach

of

employment

contract

is

substantially

CBA.

substantial dependent' decision

The Ninth Cir. Ct.'s 2007 Burnside decision, set

guidelines, for the court, to determine complete preemption claims. Substantial

dependent decisions ARE NOT judicial discretion options, at The Ninth Cir. Ct. of

Appeals.

Petitioner

arguments

against

the

district

court

complete

Presented

and

Petitioner filed an In Forma Pauperis request

appeal the district court decision. The district

substantial questions, by issuing a granted In

form

located under his petition's Questions

Question No. 1 and Arguement No. 1.

Ninth

At

Cir.

the

Ct.

of

Appeals.

Ninth

Cir.

Ct.,

Appellant

denied,

by

but

counsel,

was

had

the

his

Statements

with

the

of

claim,

are

the

Case,

district

court,

court judge agreed, plaintiff

Forma Pauperis appeal form

first

appellate

preemption

opportunty

court,

because

to

have

to The

to

receive

a

public

the

appellate

court

claimed, appellant filed his district court, In Forma Pauperis status (to represent

himself), with The Ninth Cir. clerk office, Petitioner argument against the court

public counsel decision, is . located under his petition's Questions Presented and

Statement

of

The

Ninth

Cir.

with

lower

courts

the

Ct.

Question

Case,

current

In

Forma

No. 5

practice

of,

Pauperis

current

litigants in the appellate court

public counsel request practice,

govern

under

Pro Per

The

Ninth

Cir.

.Ct.

and

of

Arguement

denying

status,

poverty

access

to

No. 5.

stricken

public

geography territory. The

is detrimental to every

Appeals.

A3L

Pro Per

counsel,

litigants,

affects, all

Ninth Cir. Ct.

Pro Per litigants

■ Petitioner's

petition,

issues,

multiple

other

related

Respondent

and

are

of

ten

mis-usages

of

directly

subjects

have

punitive

challenge

consist

from

to

to

by

created

upheld,

by

There

are

reasons

over

turned,

at

our

judicial

system.

corporate

federal

systems

corruption

accelerant

for

society

fever

pitch

higher

successful

their .dinner

Cir.

Ct.

decisions,

rate,

greater

than

opinion

for

and

a

normal

are

working

our

bed

witnessing,

collapsed.

frustations

hair

man

their

reasons

was

judge knew

unnessessary

seated

for

for

being

any

court

in

Ninth

other

Cir.

appellate

Ct.

writings,

high

are

some

form

fuel

masquerading

as

pitch

folks

and

Americans,

pillars'

of

tipping

points,

simutaneously

roils

into

eerie

feelings

Romans

as

their

high

level

systems

the

of

of

his

Court,

felt,

a

corruption

and

is

betting,

there

our

pitch

folk

years

journey,

into

our

courtroom

number

74,

citizens.

willing to

structures.

beginning

save

Petitioner

her,

five

listen

as

he

end

of

defendant

presentation,

complaint

is

a

case

state

to

from

the

two facts: Plaintiff

federal statutues.

rate,

contributing

everybody,

At

ratio

hate

(people's court)

above

a reputation

to

class

removal.

have

as

working

Superior

Angeles

legally

due

from

Inside

and

used

real-time,

the

friends

us,

a

at

political

corporations

unfairness,

of

buildings,

lies

America

legal

socialites.

legal

Burning

Petitioner optimism

judicial system.

petitioner

around

class

her

language

sense

rock

in

and

crumblings

strong

are enough working class Americans,

brothers and tyranny oligarchy social

Los

The

prevent

parties

Ninth

decisons

contractural

Some

judicial

case

by

to

conclusion.

provisions

petition.

1.0.Us,

slapping

Petitioner's

Ct.

bonded

back

ratio

institutions

tourch holders, as

gigantic bonefire.

great

The

reasons,

statutory

Cir.

petitioner's

outstanding

by

and

Ninth

corruption and judicial activist

Ninth Cir. judicial problems.

America's

are

a

America

why

a

involves system

factors to The

Americans

all

advancing

laws,

inside

millions

redeem

constitutional

related

listed

seventeen (17)

laws,

protected

matter,

(10)

defendant

and

a

white

attorney,

the

wise

defendant

state

old

inserted

The wise old judge closing remarks, remained inside petitioner mind, throughout

these proceedings: ' Counsel, this is a state case, but I granted your removal

motion

to

second

apple

bite

Those

remarks

seemed

meanings,

federal

when

the

court,

If you lose

state court.

in

fair

judge

to

plaintiff.

spoke

his

in

federal

Plaintiff

words,

33

but

court,

I

did not

fully

plaintiff

will

left

not

allow

you

understand

their

court

a

with

a

sense

of

a

fair

Petitioner

sense

(reasons

for

decision,

which

led

his

to

judicial

his

of

unfairness,

petition).

allowed

breach

but

federal

to

disagrees

contract

jurisdiction,

plaintiff thought

check

and

court

and

The

Ninth

Cir.

Ct.

the

federal

judge

for

writing

a

detailed

the

district

judge

thoughts

follow

Petitioner

of

of

in

commends,

plaintiff

overall,

system

began

Plaintiff

decisions.

preemption's

decisions,

judgement.

balance

with

the

district

court

primary

and

the

district

court

will

allow

plaintiff an

process,

that

complete

secondary

writing

jurisdiction

was

fair

opportunity

and

to

our

state

disagreements.

Plaintiff

was

request

for

a

public

filing

a

clarification

from

wrong.

relationships

with

ability

to

a

page

decisions.

first

fair

stated

The

appellate

Cir.,

dealt

court

denied,

then

prevented

appellant

or

not,

appellant

felt

appellee

personal

corrupt

courts

employees,

the

Next

came

affirming

the

issues

court

from

True

possiblely,

Basically,

Ninth

which

motion.

process.

any,

decision

counsel,

some,

addressing

final

The

inside

rebuke,

the

the

appellate

district

court

appellant's

arrived

court,

as

a

was

with

appellant

affecting

appellant

condescending,

findings,

without

four (4)

directly

Informal

opening

and

reply

timely

filed

rehearing

without

any

briefs.

motion

denial.

Once

again,

petitioner

is

a

Pro Per

litigant,

meaning,

training,

representing

the

worst

type

of

civil

action

claim (wrongful

competing

against

top

notch

law

firm

and

very

possible,

personal

and

/

judicial

a

employees,

Petitioner

is

with

still

legally

standing,

against

is

towards

respondent

legal

positions,

complaint,

because,

with

every

and

past

legal

violation,

that

The

district

labor

union,

Petitioner's

example

positions,

advanced

court

civil

produced

petitioner

minutes

a

very

a

iil

court

curiousity,

duty

and

breach

of

union

or

defendant,

These

missing

solid

the

decisions

constitutional

to

The

helpful

legal

NLRB

§

to

respondent

grounds

for

alleged,

employment

contract

duty

would

revealed,

missing

court

ask petitioner's

lead

a

to

breach

charges,

petitioner's

defendant

statutory

current

appeal

Court

front

door.

allegation

against

his

best

legal

interest.

positions,

An

why

theses

steps

was hot

completed.

Plaintiff's

responses,

will

lead a

court

to

breach

fair

<3 V

of

of

is

unlawful

fair

between

mandatory

defendant,

a

of

an

and

liable

8 (b) (1) (A).

petitioner

steps will

or

respondent.

decisions

strenght

collusion.

into

have

court

Supreme

government

with

towards

employment

represent

Just

court

to

petitioner

to

under

testament

petitioner

was

practices

favorable

confirms,

failing

emplloyment

those

order

union

established

relatioships

legal

termination),

corrupted

business

all

complaint

for

clearly

a

favorable

labor

that

or

recognized

representative

petitioner's

grievance

steps.

labor

union

or

labor

union

or

representative

duty

labor

defendant

and/or

breach

of- employment

courts,

decided

to

contract

dismiss

SBC/AT&T/PACIFIC BELL,

while

union

respondent

runs

roughshot

In

petitioner

own

case,

a

charges,

notorious

members'

his

decisions,

petitoner

have

employees,

duty

local

CBA

the

district

of

wrongfully

employees'

shamefully,

workers'

to

forced

respondent

A

3

a

satisfy

and

CWA

union

stand

idle,

when

rights.

failed

to

appellate

terminating

Article 7.05

grievance precedure,

ARBITRATION on petitioner behalf,

and

unproven.

representatives,

UNION

union

as

history

local

over

but

to

FAILURE

contractual

fulfill

TO

their

FILE

obligations

FOR

to

petitioner.

Petitioner is

betting,

not

a

local

field

office

(LFO),

level,

due

to

absent

a

an

single

dismissal

respondent

suits,

former employee,

advanced

corporation

passed

of

strong

his

employment

rights,

current

against

respondent

disdan

a

reading

the

evindences

inside

petitioner

superior

and

a

court

judicial

to

correct

workers'

will

wrong.

Petitioner

is

employment

fighting

rights

for

and

and

future

labor

for

workers'

rights

to

fair

of

petitioner's

Questions

Presented

and

his

petition.

employment.

Petitioner is

requesting

Statements

of

In

petitioner

closing,

the

full

Case

sections

of

will

lightly

touch

requests

to

the

to

rebutt

respondent slew

created

and

Petitioner

multiple

deposition

transcripts

copy,

context

deposition

statements,

support

respondent

legal

positions,

negative

uniformity

impact,

onto

Thanks

for

upon

lower

can not

America

one

other

courts for

a

filed,

stand.

in

issue

free

of

the

without

in

video

his

and

misleading and

lower

courts

inflecting

a

petition.

written

out

of

records,

to

national,

judicial system.

reading.

A—

Byron

Lee

//- / 7 - 2-oZe>

Date

IS

CONCLUSION

The petition for a writ of certiorari should be granted.

Respectfully submitted,

VXRort L££

Date: 11 -17-

36

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