Robert Wheeler v. UFCW Local 27

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999100935-2]. Originating case number: 1:13-cv-00761-CCB. Copies to all parties and the district court/agency. [999155163]. Mailed to: Robert Wheeler. [13-1578]

Appeal: 13-1578

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-1578

ROBERT WHEELER,
Plaintiff - Appellant,
v.
UFCW LOCAL 27,
Defendant - Appellee.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Catherine C. Blake, District Judge.
(1:13-cv-00761-CCB)

Submitted:

July 18, 2013

Decided: July 22, 2013

Before WILKINSON, MOTZ, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Robert Wheeler, Appellant Pro Se.
Christopher Roderick Ryon,
KAHN, SMITH & COLLINS, PA, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Robert
granting

Wheeler

Defendant’s

appeals

Fed.

R.

the

Civ.

district
P.

court’s

12(b)(6)

order

motion

and

dismissing his civil action for failure to state a claim upon
which relief may be granted.
find no reversible error.

We have reviewed the record and

Wheeler’s allegations fail to state a

plausible claim for relief for breach by Defendant of its duty
of fair representation.
O’Neill,

499

U.S.

65,

See Air Line Pilots Ass’n, Int’l v.
67

(1991)

(explaining

that

a

union

breaches its duty of fair representation “if its actions are
either

arbitrary,

discriminatory,

or

in

bad

faith”

and

that

union action is arbitrary “only if, in light of the factual and
legal landscape at the time of the union’s actions, the union’s
behavior is so far outside a wide range of reasonableness as to
be irrational” (internal quotation marks and citation omitted));
Jeffreys

v.

Commc’ns

Workers

of

Am.,

354

F.3d

270,

275-76

(4th Cir. 2003) (explaining that the duty of fair representation
“prohibits only invidious discrimination, such as discrimination
based

on

constitutionally

protected

categories

like

race

or

gender, or discrimination that arises from animus or prejudice,”
and

that

the

bad

faith

inquiry

turns

on

“the

subjective

motivation of the union’s officials”).
Accordingly,
forma

pauperis,

we

although
affirm

we
the
2

grant

leave

district

to

proceed

court’s

in

order.

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Wheeler v. UFCW Local 27, No. 1:13-cv-00761-CCB (D. Md. Apr. 17,
2013).
legal
before

We dispense with oral argument because the facts and
contentions
this

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.

AFFIRMED

3