Carlo Piccinino v. UAW ( 1997 )

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 96-2498
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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[UNPUBLISHED]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. *
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Submitted: October 6, 1997
Filed: October 14,
1997
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Before WOLLMAN, BEAM, and HANSEN, Circuit Judges.
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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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