Hendricks v. Edgewater Steel Co‪.‬

Opinion OF THE COURT MANSMANN, Circuit Judge. In this appeal from a grant of summary judgment for the union and an adjudication for the employer, we are faced with the question of whether the district court erred by determining that there existed no question of material fact to support the employee's claim that the union had breached its duty of fair representation pursuant to § 301, or that the company had violated § 510 of the Employee Retirement Income Security Act (""ERISA""), Pub.L. 93-406, 88 Stat. 832 (1974), codified at 29 U.S.C.A. § 1140 (West 1985) by terminating his employment in order to deprive him of a pension. Because we conclude that the district court properly decided that Hendricks had failed to present a prima facie case in the fair representation claim, and that he had failed to meet his burden of persuasion in the ERISA claim, we will affirm the judgments of the district court.