Jacobs

MEMORANDUM **

Keith A. Jacobs appeals the district court’s order granting summary judgment for defendants in Jacobs’ action alleging that his employer, Georgia-Pacific West, terminated his employment without just cause in breach of the collective bargaining agreement, and that his unions, The Association of Western Pulp and Paper Workers and Toledo Local No. 13, breached their duty of fair representation in their handling of Jacobs’ grievance. We affirm.

I. Breach of the Duty of Fair Representation

Jacobs argues that Local 13 handled his grievance is such a perfunctory manner as to suggest an egregious disregard of his rights. We disagree. Unlike in Tenorio v. NLRB, 680 F.2d 598 (9th Cir.1982), Jacobs signed a Last Chance Agreement. The evidence clearly shows that the union decided not to file a grievance because, in its view, the Last Chance Agreement foreclosed any possibility of appeal. Because the union, after deliberation and upon the advice of counsel, decided that the terms of the Last Chance Agreement eliminated the possibility of filing a grievance, there was no need for the union to thoroughly investigate the complaints or to seek out Jacobs’ version of the events. In…