Guidry v. Marine Engineers' Beneficial Ass'n

MEMORANDUM

Paul Guidry appeals the district court’s grant of summary judgment to the Marine Engineers’ Beneficial Association (“MEBA”). We review the grant of summary judgment de novo, and we affirm. McGinest v. GTE Serv. Corp., 360 F.3d 1103, 1112 (9th Cir.2004).

Guidry submitted no evidence that MEBA was complicit in the delay of Gui-dry’s Brazilian work visa or that MEBA took part in any alleged discrimination on the part of Guidry’s prospective employer, OSG Ship Management, Inc. (“OSG”). Nor did Guidry submit any legal authority or evidence that makes MEBA vicariously liable for any alleged discrimination perpetrated by OSG or the Brazilian government. Therefore, there is no issue of triable fact as to Guidry’s Title VII claim against MEBA.

To make out a claim that MEBA breached its duty of fair representation to Gui- dry, Guidry must submit evidence that MEBA’s “conduct toward [him] ... [wa]s arbitrary, discriminatory, or in bad faith. Conduct can be classified as arbitrary only when it is irrational, when it is without a rational basis or explanation” Beck v. United Food & Commercial Workers Union, Local 99, 506 F.3d 874, 879 (9th Cir.2007) (internal quotation marks and…