Amaya
Amaya v. Food 4 Less
Opinion
Opinion
47 F.3d 1175 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Edmundo AMAYA, Plaintiff-Appellant, v. FOOD 4 LESS; United Food & Commercial Workers, Local 1428, Defendants-Appellees. 1 No. 93-56099. 2 United States Court of Appeals, Ninth Circuit. Submitted: Feb. 7, 1995. * Decided: Feb. 9, 1995. 3 Before: BRUNETTI and KOZINSKI, Circuit Judges, and SHADUR, ** District Judge. 4 MEMORANDUM *** 5 Plaintiff-appellant Edmundo Amaya timely appeals from a grant of summary judgment to defendant-appellees Food 4 Less and United Food & Commercial Workers, Local 1428 ("Local 1428"). The district court (Pfaelzer, J.) granted summary judgment because Amaya failed to exhaust internal union remedies as required by Sec. 301(a) of the Labor Management Relations Act, 29 U.S.C. Sec. 185 (a). We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and affirm. 6 Local 1428 showed that Amaya failed to appeal to its executive board from the chapter president's decision not to take his case…