Olson
Olson v. Teamsters Local No. 70
Opinion
Lead Opinion
MEMORANDUM **
Olson brought this suit against United Parcel Service (“UPS”) alleging that his discharge was retaliation for activity protected by Title VII of the Civil Rights Act of 1964, 42 U.S.C.2000e, et seq. (“Title VII”). He also brought an action against UPS for breach of the collective bargaining agreement binding UPS and his union, Teamsters Local 70 (“the Union”). In order to proceed on his breach of contract claim, Olson needed first to establish that the Union breached its duty of fair representation. Slevira v. Western Sugar Co., 200 F.3d 1218, 1221 (9th Cir.2000).
The district court granted summary judgment in favor of UPS and the Union. It found that Olson failed to meet his prima facie burden for a Title VII retaliation claim and also failed to raise an issue of material fact suggesting that the Union breached its duty of fair representation. We review both decisions de novo. Weiner v. San Diego County, 210 F.3d 1025, 1028 (9th Cir.2000); Burkevich v. Air Line Pilots Ass’n, Int'l, 894 F.2d 346, 349 (9th Cir.1990).
A.
We reverse the district court’s finding that Olson had not met his prima facie burden for his discriminatory retaliation claim against UPS. Under…