Ness v. Safeway Stores

598 F.2d 558 101 L.R.R.M. (BNA) 2621 , 86 Lab.Cas. P 11,525 Raymond NESS, Appellant, v. SAFEWAY STORES, INC., Wholesale Delivery Drivers' & Salesmen's Union Local No. 848, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Appellees. No. 77-2906. United States Court of Appeals, Ninth Circuit. June 13, 1979. Bradley R. Tabach-Bank (argued), Beverly Hills, Cal., for appellant. Ralph J. Scalzo of McLaughlin & Irwin, W. Neal Writer of Writer & Israel, Robert D. Vogel (argued), of Pappy Kaplon & Vogel, Los Angeles, Cal., for appellees. Appeal from the United States District Court for the Central District of California. Before TRASK, GOODWIN and SNEED, Circuit Judges. PER CURIAM: 1 Raymond Ness appeals a summary judgment in favor of defendants Safeway Stores, Inc., and Wholesale Delivery Drivers' and Salesmen's Union Local No. 848. The district court held, on agreed facts, that the union had not breached its duty of fair representation under 29 U.S.C. § 185 and that Ness had waived the lack of a quorum of the adjustment board. 2 Ness was employed by Safeway as a truck driver from May 1966 until he was discharged in May 1975.…