5 F.3d 539: Shula Ray, Plaintiff-appellant, v. Hilton Hotels, Corp., et Al, Defendant-appellee
United States Court of Appeals, Ninth Circuit. - 5 F.3d 539
Submitted Sept. 2, 1993.*Decided Sept. 7, 1993
Appeal from the United States District Court for the Central District of California; No. CV-90-5971-HLH, Harry L. Hupp, District Judge, Presiding.
Before: BRUNETTI, KOZINSKI and BOGGS,** Circuit Judges.
Shula Ray appeals the district court's grant of summary judgment in favor of Hilton Hotels and the Hotel Employees and Restaurant Union. We review de novo. Ashton v. Cory, 780 F.2d 816, 818 (9th Cir.1986).
A. Ray failed to present sufficient evidence that the Union breached its duty of fair representation, Vaca v. Sipes, 386 U.S. 171, 190 (1967); summary judgment in favor of the Union was therefore warranted.
B. As the district court correctly granted summary judgment in favor of the Union, Ray was not entitled to proceed against Hilton Hotels for a breach of its collective bargaining agreement. Id. at 185-86; Moore v. Bechtel Power Corp., 840 F.2d 634, 638 (9th Cir.1988).