Walker
Walker v. Inland Boatman's Union of Pacific Marine Division of I.L.W.U.
Opinion
Lead Opinion
MEMORANDUM **
A union breaches its duty of fair representation under the National Labor Relations Act, 29 U.S.C. § 159 (a), “when its conduct is arbitrary, discriminatory or in bad faith.” Stevens v. Moore Business Forms, Inc., 18 F.3d 1443, 1447 (9th Cir.1994). Walker conceded in his opposition to summary judgment that the language of the two-day probationary period set forth in the Deckhand Agreement was “so clear” that any grievance based on his discharge would have been “wholly and clearly futile from the outset.” Accordingly, IBU did not act arbitrarily in failing to argue that the two-shift rule did not apply to him. See id. Similarly, IBU provided a rational explanation for its decision not to inform union members that Blue and Gold Fleet did not intend to hire them, and Walker failed to offer evidence that this decision showed “an egregious disregard” for his rights. Id. at 1448 (citation omitted).
Walker did not raise a genuine issue as to whether IBU acted in bad faith or with discriminatory purpose based on testimony that one of two similarly situated employees was rehired while Walker was not. This testimony is not “substantial evidence of fraud, deceitful action, or…