Matteo
Matteo v. United States Pipe & Foundry Co.
Opinion
Lead Opinion
MEMORANDUM **
John Matteo appeals pro se the district court’s summary judgment for defendants in his removed action alleging wrongful discharge, breach of contract, retaliation, infliction of emotional distress, and breach of duty of fair representation. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
Matteo contends that the Union breached its duty to properly investigate his grievance, that the stated reasons for his termination were pretext, and that the district court erred in ruling on his evidentia-ry objections. We review de novo the district court’s grant of summary judgment. Weiner v. San Diego, 210 F.3d 1025,1028 (9th Cir.2000).
Because Matteo failed to raise a triable issue that the union’s conduct was arbitrary, discriminatory, or in bad faith in investigating his grievance, the district court properly granted summary'judgment on his breach of duty of fair representation claim. See Vaca v. Sipes, 386 U.S. 171, 190 , 87 S.Ct. 903 , 17 L.Ed.2d 842 (1967); Conkle v. Jeong, 73 F.3d 909, 915-16 (9th Cir.1995).
Matteo also failed to demonstrate any triable issue of fact with respect to his *628 retaliatory discharge claim, for which he has not made out…