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.