USPS

FILED

NOT FOR PUBLICATION

FEB 23 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

RYAN HARTER, No. 21-35129

Plaintiff-Appellant, D.C. No. 2:19-cv-00161-RMP

v.

MEMORANDUM*

UNITED STATES POSTAL SERVICE;

NATIONAL ASSOCIATION OF

LETTER CARRIERS, AFL-CIO,

Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of Washington Rosanna Malouf Peterson, District Judge, Presiding

Submitted February 8, 2022** Seattle, Washington

Before: BYBEE, BEA, and CHRISTEN, Circuit Judges.

Ryan Harter appeals the district court’s order granting summary judgment to

the National Association of Letter Carriers (NALC) on his duty-of-fair-

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). representation claim. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we

affirm.

Harter argues on appeal that NALC breached the duty of fair…