Apwu-Afl-Cio

MEMORANDUM

Rosemary Garity appeals pro se from the district court’s judgment dismissing for failure to state a claim her employment action alleging, among other things, violations of the National Labor Relations Act. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Diaz v. Int’l Longshore & Warehouse Union, Local 13, 474 F.3d 1202 , 1205 (9th Cir.2007). We affirm.

The district court properly dismissed Garitas hybrid fair representation/ § 301 claims because Garity failed to allege facts sufficient to show that her unions’ conduct was arbitrary, discriminatory, or in bad faith. See Beck v. United Food & Commercial Workers Union, Local 99, 506 F.3d 874, 879-80 (9th Cir.2007) (discussing requirements for a breach of duty of fair representation claim by a union member). Because Garity cannot succeed in her contract claim against her employer without also showing that her unions breached their duty of fair representation, the district court properly dismissed Garity’s claim for breach of the collective bargaining agreement. See Bliesner v. Commc’n Workers of Am., 464 F.3d 910, 913 (9th Cir.2006) (“In order to prevail in any such [hybrid] suit, the plaintiff must show…