Robert Wheeler v. UFCW Local 27, No. 13-1578 (4th Cir. 2013)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1578 ROBERT WHEELER, Plaintiff - Appellant, v. UFCW LOCAL 27, Defendant - Appellee. Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (1:13-cv-00761-CCB) Submitted: July 18, 2013 Decided: July 22, 2013 Before WILKINSON, MOTZ, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Robert Wheeler, Appellant Pro Se. Christopher Roderick Ryon, KAHN, SMITH & COLLINS, PA, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Robert granting Wheeler Defendant s appeals Fed. R. the Civ. district P. court s 12(b)(6) order motion and dismissing his civil action for failure to state a claim upon which relief may be granted. find no reversible error. We have reviewed the record and Wheeler s allegations fail to state a plausible claim for relief for breach by Defendant of its duty of fair representation. O Neill, 499 U.S. 65, See Air Line Pilots Ass n, Int l v. 67 (1991) (explaining that a union breaches its duty of fair representation if its actions are either arbitrary, discriminatory, or in bad faith and that union action is arbitrary only if, in light of the factual and legal landscape at the time of the union s actions, the union s behavior is so far outside a wide range of reasonableness as to be irrational (internal quotation marks and citation omitted)); Jeffreys v. Commc ns Workers of Am., 354 F.3d 270, 275-76 (4th Cir. 2003) (explaining that the duty of fair representation prohibits only invidious discrimination, such as discrimination based on constitutionally protected categories like race or gender, or discrimination that arises from animus or prejudice, and that the bad faith inquiry turns on the subjective motivation of the union s officials ). Accordingly, forma pauperis, we although affirm we the 2 grant leave district to proceed court s in order. Wheeler v. UFCW Local 27, No. 1:13-cv-00761-CCB (D. Md. Apr. 17, 2013). legal before We dispense with oral argument because the facts and contentions this court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 3
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