Velez

MEMORANDUM ***

Rick Velez appeals the district court’s order granting summary judgment against him. We affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

I

The district court properly granted summary judgment on Velez’s claim that the International Longshoremen’s and Warehousemen’s Union, Local 23 (“the Local Union”), breached its duty of fair representation. “A union breaches its duty of fair representation only if its conduct is arbitrary, discriminatory, or in bad faith.” Truesdell v. S. Cal. Permanente Med. Group, 293 F.3d 1146, 1153 (9th Cir.2002). Mere negligence in the handling of a grievance does not breach the duty of fair representation. See, e.g., Patterson v. Int’l *33 Bhd. of Teamsters, Local 959, 121 F.3d 1345, 1349 (9th Cir.1997); Stevens v. Moore Bus. Forms, Inc., 18 F.3d 1443 , 1447 (9th Cir.1994). The question of whether the conduct is arbitrary is only relevant if the union’s conduct was procedural or ministerial and did not require the exercise of judgment; otherwise, the employee must show bad faith or discrimination. See, e.g., Banks v. Bethlehem Steel Corp., 870 F.2d 1438, 1442 (9th…