Bingham
Bingham v. Boeing Co.
Opinion
Lead Opinion
MEMORANDUM **
Plaintiffs Bingham, Churcich, Estrada and Toyias appeal the district court’s grant of summary judgment for defendants in their action alleging breach of duty of fair representation by Local 148 and breach of contract by Boeing. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
Plaintiffs contend Local 148 breached its duty of fair representation by acting arbitrarily in failing to properly investigate their grievances and ultimately refusing to arbitrate their grievances. We review de novo the district court’s grant of summary judgment. Weiner v. San Diego, 210 F.3d 1025, 1028 (9th Cir.2000).
We will only find that a union has acted arbitrarily in its representation of its mem *703 bers if its behavior falls outside a “wide range of reasonableness.” Air Line Pilots Ass’n. Int’l v. O’Neill, 499 U.S. 65, 67 , 111 S.Ct. 1127 , 113 L.Ed.2d 51 (1991). Thus, we generally will not challenge a union’s reasoned interpretations of a collective bargaining agreement. Peterson v. Kennedy, 771 F.2d 1244, 1254 (9th Cir.1985). Further, where resolution of a grievance rests largely on contract interpretation, a minimal level of investigation by the union may…