The opinion of the court was delivered by: CHARLES R. RICHEY
UNITED STATES DISTRICT JUDGE
Before the Court in the above-captioned case is the Defendant's Motion to Dismiss or, in the alternative, for Summary Judgment. Upon careful consideration of the parties' pleadings, the entire record herein, and the law applicable thereto, the Court shall GRANT the Defendant's Motion to Dismiss.
Defendant is a local union which represents construction workers known as "rodmen" who install steel rods for reinforcing concrete and other building materials. In April 1993, Plaintiff became an apprentice in Defendant's Joint Apprenticeship and Training Program. In April 1994, after having received substandard marks in the Apprenticeship Program, which he had compiled a poor attendance record in, Plaintiff was referred to a job with Eastern Steel, an employer signatory to a collective bargaining agreement with Local 201.
Plaintiff alleges that, while working with Eastern Steel on the Susan Bridge, Whitt Lowe, the job foreman, called Plaintiff "a mule." Complaint at 1. Plaintiff maintains that he was "so hurt inside [by Lowe's remark that he] took a few days off." Id. Plaintiff further alleges that he subsequently complained to George Hindle, the Apprentice Supervisor for the Apprenticeship Program, about Lowe's comment and that Hindle told him that unless he returned to the same jobsite Plaintiff would be terminated. Id. Plaintiff did not return to the jobsite and, by letter dated April 30, 1994, he was terminated from the Apprenticeship Program by the Joint Apprenticeship and Training Committee.
On June 2, 1994, Plaintiff appeared at a meeting of the Committee to appeal the decision to terminate him from the Apprenticeship Program. The Committee rejected the appeal, concluding that Plaintiff had not provided grounds for reversal of its decision.
Thereafter, on or about June 21, 1994, Plaintiff filed a Complaint with the District of Columbia Field Office of the Equal Employment Opportunity Commission ("EEOC"). Plaintiff's Complaint alleged that his termination was racially discriminatory.
On January 6, 1995, the EEOC issued what is commonly referred to as a "right to sue letter" dismissing the charge, because "the preponderance of the evidence gathered in EEOC's investigation failed to prove Charging Party's claim." EEOC Determination, attached to Plaintiff's Complaint. The letter informed Plaintiff that
THE CHARGING PARTY MAY ONLY PURSUE THIS MATTER FURTHER BY FILING SUIT AGAINST THE RESPONDENT NAMED IN THE CHARGE IN FEDERAL DISTRICT COURT WITHIN 90 DAYS OF THE CHARGING PARTY'S RECEIPT OF THIS LETTER.
Id. The letter further stated that "if a suit is not filed within this 90 day period, the Charging Party's right to sue will be lost. Id. Plaintiff filed the instant action on April 13, 1995, ninety-seven days after the right-to-sue letter was issued.
A. Plaintiff fails to state a claim upon which relief can be granted.
Federal Rule of Civil Procedure 12(b)(6) culls legally deficient claims. Accordingly, for the purposes of deciding a motion to dismiss for failure to state a claim upon which relief can be granted, all factual allegations contained in the complaint are to be construed as true, and all doubts and ambiguities are to be decided in the plaintiff's favor. Doe v. United States Dep't of Justice, 243 U.S. App. D.C. 354, 753 F.2d 1092, 1102 (D.C. Cir. 1985). Dismissal under FED. R. CIV. P. 12(b)(6) is warranted only when it appears that the plaintiff can prove no set of facts in ...