Unpublished Disposition, 846 F.2d 1382 (9th Cir. 1983)

MEMORANDUM^* 

Appellant Dorothy Hernandez appeals the grant of summary judgment in favor of her former employer, MGM Grand Hotel, and her union, the Culinary Workers Union, Local No. 226, in this hybrid suit for unlawful discharge and breach of the union's duty of fair representation. The district court held that both actions were barred by the six-month statute of limitations. See Del Costello v. Int'l Bhd of Teamsters, 462 U.S. 151, 172 (1983).

The appellant was terminated from her position as food server on October 11, 1983. She pursued a grievance, but the union declined to pursue the matter to formal arbitration. The record shows that the union informed Hernandez of that fact by June, 1984.

This action was filed in January, 1985, more than six months after she learned that the union had decided not to pursue the grievance; it is from that date that the statute of limitations begins to run. Galindo v. Stoody Co., 793 F.2d 1502, 1509 (9th Cir. 1986).

On appeal, the appellant maintains that she was entitled to a formal statement of reasons as to why the union concluded not to pursue the matter to arbitration. There is no authority in support of that position and the law is to the contrary. See Galindo, 793 F.2d at 1509; McNaughton v. Dillingham Corp., 707 F.2d 1042, 1046 (9th Cir. 1983), cert. denied, 469 U.S. 916 (1984). Moreover, the record indicates that the union explained to her that it did not believe that the arbitration would be successful. Since appellant did not ask the union for a formal statement of reasons, there is no basis to hold that she properly waited until after the expiration of the statutory period before filing this action.

AFFIRMED.