Charles McClain Iii v. Boeing Company

MEMORANDUM

In Appeal No. 08-35290, Charles V. McClain, III, appeals pro se from the district court’s summary judgment in his employment action against the Boeing Company, Gerald Chaput, and the International Association of Machinists and Aerospace Workers AFL-CIO, District 751 (“the Union”). In Appeal No. 08- 35B09, the Union cross-appeals from the district court’s decision declining to exercise supplemental jurisdiction over McClain’s state law claims. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Botsford v. Blue Cross & Blue Shield of Mont., Inc., 314 F.3d 390, 393 (9th Cir.2002) (absence of subject matter jurisdiction), amended by 319 F.3d 1078 (9th Cir.2003); Braunling v. Countrywide Home Loans, Inc., 220 F.3d 1154, 1156 (9th Cir.2000) (summary judgment). We affirm as to Appeal No. 08-35290. We vacate and remand as to Appeal No. 08-35309.

Appeal No. 08-35290

The district court properly granted summary judgment on McClain’s hybrid fair representation/ § 301 claim because McClain failed to raise a genuine dispute of material fact as to whether the Union’s conduct was arbitrary, discriminatory, or in bad faith. See Vaca v. Sipes, 386 U.S. 171, 190, 192 , 87…