Jim D. Cox, Plaintiff-appellant, v. the Boeing Company and District Lodge No. 70, Internationalassociation of Machinists and Aerospace Workers,afl-cio, Defendants-appellees, 25 F.3d 1056 (10th Cir. 1994)

ORDER AND JUDGMENT¹ 

McKAY

The parties have agreed that this case may be submitted for decision on the briefs. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1.2. The case is therefore ordered submitted without oral argument.

Plaintiff, a former employee of Defendant Boeing Company ("Boeing"), filed suit in federal district court against Boeing and Lodge No. 70 of the International Association of Machinists and Aerospace Workers, AFL-CIO ("the Union"). Plaintiff alleges that in investigating his firing from Boeing, the Union did not fulfill its duty of fair representation, and that Boeing breached its collective bargaining agreement with the Union. In an extensive memorandum and order, the district court granted Defendants' summary judgment motion. On appeal, Plaintiff's main argument is that this court should overrule the line of cases defining "fair representation" and increase the legal obligation owed by a union when it represents employees in disputes. Plaintiff has not provided this court with a sound basis to overrule such cases. After reviewing the briefs, the record, and the exhaustive Order by the district court, we affirm for substantially the same reasons given by the district court.

AFFIRMED.