Bey v. UPS

Filing 920060829

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-1346

AMAR BEY, Plaintiff - Appellant, versus UNITED PARCEL SERVICE, INCORPORATED; TEAMSTERS LOCAL UNION NO. 71, Defendants - Appellees.

Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:05-cv-00208)

Submitted: August 24, 2006

Decided: August 29, 2006

Before KING, SHEDD, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Amar Bey, Appellant Pro Se. Meredith S. Jeffries, Susan Ballantine Molony, ALSTON & BIRD, LLP, Charlotte, North Carolina; John David James, SMITH, JAMES, ROWLETT & COHEN, LLP, Greensboro, North Carolina; James Francis Wallington, BAPTISTE & WILDER, PC, Washington, D.C., for Appellees.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM: Amar Bey appeals the district court's order dismissing his claim that his employer violated Section 301 of the Labor Management Relations Act ("LMRA") and that his union breached its duty of fair representation regarding his termination. The

district court construed his complaint to be a "hybrid 301" action under the LMRA. error. We have reviewed the record and find no reversible

Accordingly, we affirm for the reasons stated by the Bey v. UPS, No. 5:05-cv-00208 (W.D.N.C. Feb. 13,

district court. 2006).

We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED

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