DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
052202P.pdf 08/22/2006 Stephen Jones v. United Parcel
U.S. Court of Appeals Case No: 05-2202
and No: 05-3215
and No: 05-2205
Western District of Missouri
[PUBLISHED] [Colloton, Author, with Heaney and Gruender, Circuit Judges]
Civil Case - employment discrimination/hybrid breach of duty of fair
representation. District court did not abuse its discretion in disregarding
480-page filing in response to summary judgment motion as a sanction
for violating local rule. Evidence supports employer's legitimate,
nondiscriminatory justification of termination of employees and grant
of summary judgment to employer on age, race, hostile-work environment
claims are affirmed. State law whistleblower retaliation claim fails
because employee did not provide evidence that record-keeping
irregularities amounted to violations of public health and safety.
Employees failed to prove sufficient evidence that union breached its
duties of fair representation, and thus court need not reach issue of
violation of collective bargaining agreement. Judge Heaney dissents
in part.