Aparicio
Aparicio v. Potter
Opinion
Lead Opinion
MEMORANDUM **
Robert E. Aparicio appeals pro se the district court’s summary judgment for defendants in his action against the American Postal Workers Union for breach of the duty of fair representation, and against the Postmaster General for wrongful termination. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Patterson v. Int’l Bhd. of Teamsters, Local 959, 121 F.3d 1345, 1349 (9th Cir.1997), and we affirm.
The district court properly granted summary judgment for the American Postal Workers Union, AFL-CIO (“the National Union”) because Aparicio failed to raise a genuine issue of material fact as to whether the National Union’s handling of his grievances, or its representation during arbitration with the Postal Service, was “arbitrary, discriminatory, or in bad faith.” Truesdell v. S. Cal. Permanente Med. Group, 293 F.3d 1146, 1153 (9th Cir.2002). Aparicio’s allegation that his representative from the National Union ignored phone calls and caused delays in the proceedings does not constitute a claim for bad faith. See Patterson, 121 F.3d at 1349 . Mere negligence in the handling of a grievance does not breach the duty of fair representation. Id.