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Wendy Balser v. International Union of Electronic, Electrical

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Before Torruella, Lipez, and Howard, Circuit Judges.

Plaintiff-Appellant Wendy Balser (“Balser”) appeals the district court’s award of summary judgment to her employer, General Electric Company (“GE”), and her collective bargaining agent, International Union of Electronic, Electrical, Salaried, Machine & Furniture Workers Local 201 (“Local 201″ or “Union”), on her allegations of wrongdoing by both companies for violations of her rights as an employee pursuant to section 301 of the Labor Management Relations Act (“LMRA”), 29 U.S.C. § 185. Specifically, Balser claims that (1) GE violated the collective bargaining agreement between itself and the Union when it reclassified a position for which she was hired, resulting in her subsequent removal from that position; and (2) the Union violated its duty of fair representation in colluding with GE to reclassify her position and in refusing to take her filed grievance to arbitration. We conclude that the district court properly granted summary judgment as to Balser’s claims and affirm the district court’s decision. Balser v. IUE Local 201 & Gen. Elec. Co., No. 08-11376-LTS, 2010 WL 3927719 (D. Mass. Oct 4, 2010).

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