The following excerpt is from HOWD v. FOOD, 09-3916-cv (2nd Cir. 2010):
The district court concluded with respect to Counts 1, 2, and 4 of the complaint, the claims under the LMRA and Connecticut state law, that these claims were barred by the plaintiffs' failure to exhaust intra-union remedies. We review the district court's dismissal of these claims on exhaustion grounds for abuse of discretion. See Johnson v. Gen. Motors, 641 F.2d 1075, 1078 (2d Cir. 1981). In determining whether to require a party to exhaust intra-union remedies before bringing suit, a court looks to the following three factors:
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