Carlo Piccinino v. UAW

• Court: Court of Appeals for the Eighth Circuit
• Decided: October 14, 1997
• Docket: 96-2498
• Status: Unpublished

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT

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No. 96-2498 ___________

Carlo Piccinino, * * Appellant, * * v. * Appeal from the United States * District Court for the I n t e r n a t i o n a l United Auto, Aerospace * Eastern District of Missouri. and Agricultural Implement Workers of * America; General Motors Corporation, * G . M . Wentzville Assembly Center, * [UNPUBLISHED] * Appellees. * ___________

Submitted: October 6, 1997 Filed: October 14, 1997 ___________

Before WOLLMAN, BEAM, and HANSEN, Circuit Judges. ___________

PER CURIAM.

Carl Piccinino appeals the district court&s1 grant of summary judgment to International United Auto, Aerospace and Agricultural Implement Workers of America

1 The Honorable Carol E. Jackson, United States District Judge for the Eastern District of Missouri. (UAW) and General Motors Corporation (GM) in his hybrid § 301/fair representation suit pursuant to 29 U.S.C. § 185 et seq., and DelCostello v. International Bhd. of Teamsters, 462 U.S. 151 (1983). We affirm.

After de novo review of the record, see Carnes v. United Parcel Serv. Inc., 51 F.3d 112, 116 (8th Cir. 1995), we conclude that Piccinino failed to establish GM breached the Memoranda of Understanding. Both Piccinino&s section 301 and fair representation claims thus fail. See DelCostello, 462 U.S. at 164-65; Schiltz v. Burlington N. R.R., 115 F.3d 1407, 1415 (8th Cir. 1997).

Accordingly, we affirm the judgment of the district court and deny plaintiff&s motion for appointment of counsel.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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