Arnold Lackey v. United States District Court for the Northern Preferred Rubber Compounding District…

The Honorable John G. Heyburn, Chief Judge for the United States District Court for the*
Western District of Kentucky, sitting by designation.
NOT FOR FULL-TEXT PUBLICATION
File Name: 07a0291n.06
Filed: April 26, 2007
NO. 06-3728
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
ARNOLD LACKEY,
Plaintiff-Appellant,
ON APPEAL FROM THE
v. UNITED STATES DISTRICT
COURT FOR THE NORTHERN
PREFERRED RUBBER COMPOUNDING DISTRICT OF OHIO
CORP.; UNITED STEEL WORKERS OF
AMERICA, AFL CIO/CLC,
Defendants-Appellees.
_______________________________________/
BEFORE: SUHRHEINRICH and GIBBONS, Circuit Judges; and HEYBURN, District
Judge.*
PER CURIAM. Plaintiff Arnold Lackey appeals from the order of the district court granting
summary judgment to defendants Preferred Rubber Compounding Corporation (“Preferred Rubber”
or “Company”) and United Steelworkers of America, AFL-CIO/CLC (“USW”) and United
Steelworkers of America, Local 418L (“Local”) (collectively “Union”) in the hybrid action brought
pursuant to § 301 of the Labor-Management Relations Act (“LMRA”). Specifically, Lackey
challenges the district court’s rulings that there was no evidence of any “available” positions as
defined in the collective bargaining agreement, and that the Union’s decision not to pursue Lackey’s
grievance beyond its original stages was not unreasonable.

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Having reviewed the parties’ briefs and the applicable law, and having had the benefit of oral
argument, we conclude that this matter should be affirmed for the reasons stated in the district
court’s well-reasoned opinion dated March 30, 2006.
SO ORDERED.

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