Benedict Caldero, Plaintiff-appellant, v. Circus Circus Casinos, Inc., Dba Circus Circus Hotel &casino, Las Vegas; Culinary Workers Union Localno. 226, Defendants-appellees, 139 F.3d 903 (9th Cir. 1998)
Annotate this CaseAppeal from the United States District Court for the District of Nevada Philip M. Pro, District Judge, Presiding.
Before GOODWIN, KOZINSKI and THOMPSON, Circuit Judges.
MEMORANDUM*
The union's decision not to watch the videotape was a matter of judgment, and the union did not otherwise breach its duty of fair representation. See Peterson v. Kennedy, 771 F.2d 1244, 1254-55 (9th Cir. 1985). Caldero therefore cannot bring a suit directly against the hotel. See Vaca v. Sipes, 386 U.S. 171, 186, 87 S. Ct. 903, 17 L. Ed. 2d 842 (1967). AFFIRMED.
The union's motion for sanctions under Fed. R. App. P. 38 is DENIED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3
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