Obiajulu v. Rite Aid Corp.
Docket: No. 07-17117
Court: Court of Appeals for the Ninth Circuit; April 2, 2009; Federal Appellate Court
Raymond Obiajulu appeals pro se from a district court's summary judgment favoring Rite Aid Corporation and Teamsters Local Union No. 995 in his claims of race discrimination in employment and breach of the duty of fair representation. The appellate court has jurisdiction under 28 U.S.C. § 1291 and reviews the case de novo, ultimately affirming the lower court's decision. The court found that Obiajulu did not present a triable issue concerning whether Rite Aid suspended him based on race or national origin, emphasizing that to survive summary judgment, a plaintiff must show that the employer's legitimate explanation is a pretext for discrimination. Regarding the union's representation, the court determined that Obiajulu failed to demonstrate that Local 995 acted arbitrarily, discriminatorily, or in bad faith during his grievance process. A union is only found to breach its duty of fair representation under such conditions, and the court noted that judgment in handling grievances does not constitute arbitrary conduct. Additionally, the court declined to address Obiajulu’s newly raised claim of bias against the magistrate judge, as it was not presented in the lower court. The appellate court dismissed Obiajulu's remaining arguments as unmeritorious and denied all pending motions, affirming the district court's ruling. This decision is not intended for publication and does not set a precedent except as specified by 9th Cir. R. 36-3.