Gene C. Salinas v. Milne Truck Lines, Inc., a Corporation Wholesale and Retail Food Distribution, Teamster Local No. 63

Salinas sued Milne Truck Lines, Inc. (“Milne”) and Wholesale and Retail Food Distribution, Teamster Local No. 63 (“Local 63”) on the theory that Local 63 had violated the duty of fair representation in prosecuting Salinas’s grievance. The district court granted summary judgment in favor of Milne and Local 63. We affirm.

I

Summary judgment “shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.Pro. 56(c). We review a grant of summary judgment de novo, viewing the evidence in a light most favorable to the non-moving party. Dolphin Tours v. Pacifico Creative Service, 773 F.2d 1506, 1509 (9th Cir.1985).

II

Salinas’s argument hinges on his interpretation of Article 46 of the collective bargaining agreement. He suggests that Article 46 provides for an employer to fire an employee only after warning the employee twice, each time for a separate incident. According to Salinas, at his grievance hearing Local 63 failed to argue that Milne fired Salinas…