Robert Bland v. O.P. & C.M.I.A., No. 14-1633 (8th Cir. 2014)

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Court Description: Civil case. Defendant union's summary judgment affirmed without comment.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-1633 ___________________________ Robert L. Bland lllllllllllllllllllll Plaintiff - Appellant v. O.P. & C.M.I.A. lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: September 18, 2014 Filed: September 24, 2014 [Unpublished] ____________ Before LOKEN, MURPHY, and GRUENDER, Circuit Judges. ____________ PER CURIAM. Robert L. Bland appeals the district court's1 order denying his motion for summary judgment and granting summary judgment for O.P. & C.M.I.A. (the union). 1 The Honorable Scott O. Wright, United States District Judge for the Western District of Missouri. After de novo review, see Torgerson v. City of Rochester, 643 F.3d 1031, 1042-43 (8th Cir. 2011) (en banc), we affirm. We conclude that summary judgment for the union was appropriate. As Bland failed to produce evidence that the union referred union members outside the protected class for work during the time in question, he failed to support his Title VII claim that the union "fail[ed] or refuse[d] to refer [him] for employment" on account of his race. 42 U.S.C. ยง 2000e-2(c)(2); c.f. Jackson v. United Parcel Serv., Inc., 643 F.3d 1081, 1086 (8th Cir. 2011). Accordingly, the judgment is affirmed. See 8th Cir. R. 47B. ______________________________ -2-

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