Donald Day v. West Coast Fruit and Produce Co. Warehousemen Union, Local 599, an Unincorporated Union

967 F.2d 585 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Donald DAY, Plaintiff-Appellant, v. WEST COAST FRUIT and Produce Co.; Warehousemen Union, Local 599, an unincorporated union, Defendants-Appellees. No. 91-35058. United States Court of Appeals, Ninth Circuit. Submitted June 2, 1992. * Decided June 4, 1992. Before EUGENE A. WRIGHT, CANBY and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Day appeals from a summary judgment order in favor of the Union. Because he has not produced evidence sufficient to permit a rational trier of fact to find that the Union treated him in an arbitrary, discriminatory or bad faith manner, we affirm the judgment. 3 Day was discharged for fighting on company premises, a direct violation of the collective bargaining agreement that governed his employment. He disputed that the incident amounted to fighting, but the Union refused to process his grievance. He alleges the Union breached its duty of fair representation. 4 A union breaches the…