Kathy L. Ausano v. United Food & Commercial Workers International Union, Local 648, Afl-Cio

70 F.3d 1277 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kathy L. AUSANO, Plaintiff-Appellant, v. UNITED FOOD & COMMERCIAL WORKERS INTERNATIONAL UNION, LOCAL 648, AFL-CIO, Defendant-Appellee. No. 94-15819. United States Court of Appeals, Ninth Circuit. Submitted Nov. 15, 1995. * Decided Nov. 24, 1995. Before: CHOY, WIGGINS and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Kathy Ausano appeals the district court's grant of a 12(b)(6) motion to dismiss in favor of United Food & Commercial Workers Int'l Union, Local 648, AFL-CIO ("Union"). We affirm. BACKGROUND 3 Ausano was fired from her employment as a checker at a Safeway supermarket in San Francisco for excessive absenteeism on July 12, 1990. On July 16, the Union notified Safeway that Ausano was filing a grievance to challenge the termination pursuant to its collective bargaining agreement ["CBA"] with the Food Employers Council, of which Safeway is a member. An Adjustment Board, consisting of two Safeway…