Manios

MEMORANDUM **

John Manios, a former civilian employee of the United States Army, appeals the entry of summary judgment in this action alleging discrimination on account of age, gender and national origin. Specifically, he challenges the district court’s ruling that events that predated the filing of a union grievance cannot be used to establish the factual basis for his federal claims, a ruling that had the effect of eliminating the gender and age discrimination claims and limiting the time frame for the national origin claim. Manios also challenges the court’s ruling that he failed to establish a prima facie case of discrimination on the basis of his national origin. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

DISCUSSION

We agree with the district court that Manios’s election of his union grievance procedure limits the availability of any statutory remedies. In Vinieratos v. Air Force, 939 F.2d 762 , 768 (9th Cir. 1991), we explained that the Federal Labor-Management Relations Act, 5 U.S.C. §§ 7101-35 , “governs the methods and manner by which a federal employee with exclusive union representation may challenge an adverse personnel decision by the…