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UNPUBLISHED PER CURIAM OPINION filed.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
Doc: 11
Filed: 07/22/2013
Pg: 1 of 3
UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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
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