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Walker v. Inland Boatman's Union of Pacific Marine Division of I.L.W.U.
Citation: 6 F. App'x 571Docket: No. 99-17048; D.C. No. CV-97-04126-MMC
Court: Court of Appeals for the Ninth Circuit; February 27, 2001; Federal Appellate Court
A union breaches its duty of fair representation under the National Labor Relations Act when its actions are arbitrary, discriminatory, or in bad faith. In the case of Walker v. IBU, the court found that Walker conceded that the probationary period in the Deckhand Agreement was clear, rendering any grievance regarding his discharge futile. Therefore, the IBU's decision not to contest the two-shift rule was not arbitrary. Additionally, IBU offered a rational explanation for not informing union members about Blue and Gold Fleet's hiring intentions, and Walker failed to demonstrate that this action showed egregious disregard for his rights. Walker did not present a genuine issue of bad faith or discrimination despite claims that a similarly situated employee was rehired. The evidence suggested that IBU made equal efforts for all employees and that Walker had a poor employment record. The district court concluded that Walker did not establish a prima facie case of discrimination under 42 U.S.C. § 1981, as he did not provide sufficient evidence of job performance or comparable rehiring of similarly qualified individuals. Furthermore, IBU's failure to warn Walker about the hiring decision did not imply intentional discrimination, especially since other employees, not in a protected class, were also not warned. Walker's testimony regarding a reference to him as "you people" was deemed ambiguous and not directly linked to his termination, failing to establish unlawful discrimination. As a result, the district court's decision to grant summary judgment on Walker's claims was affirmed. The disposition of this case is unpublished and not intended for citation except as permitted by 9th Cir. R. 36-3.