Truesdell

MEMORANDUM **

Defendant Southern California Permanente Medical Group terminated the employment of Plaintiff, laboratory technician Dyan Truesdell. As a result of arbitration, Defendant reinstated Plaintiff, but without back pay. In this action, Plaintiff alleges that her union, The Hospital and Service Employees International Union, Local 399 (the Union), breached its duty of fair representation when it failed to make certain arguments at the arbitration. She also challenges the arbitration decision itself. In a published opinion, the district court granted Defendant’s motion to dismiss. On de novo review, we affirm.

“A union breaches its duty of fair representation if its conduct is ‘arbitrary, discriminatory, or in bad faith.’ ” Patterson v. Int’l Bhd. of Teamsters, Local 959, 121 F.3d 1345, 1349 (9th Cir.1997) (quoting Peters v. Burlington N.R.R., 931 F.2d 534 , 538 (9th Cir.1990)). A union’s decision is arbitrary only if it has no rational basis. Marquez v. Screen Actors Guild, Inc., 525 U.S. 33, 44 , 119 S.Ct. 292 , 142 L.Ed.2d 242 (1998).

Plaintiff concedes that she cannot demonstrate bad faith or discriminatory conduct. Rather, she contends that the Union acted…