Podobnik v. U.S. Postal Service

Before us is an appeal from the United States District Court for the Western District of Pennsylvania granting summary judgment in favor of Appellees United States Postal Service ("USPS") and National Rural Letter Carrier Association ("NRLCA"). Before the District Court, Philip J. Podobnik ("Appellant") alleged that USPS violated both the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621, et. seq., and the collective bargaining agreement that existed between USPS and NRLCA. He further alleged that NRLCA breached its duty to fairly represent him. Because we conclude that all of Appellants claims are either untimely or unexhausted, we affirm the Order of the District Court adopting the Report and Recommendation of the Magistrate Judge.