Arnold LACKEY, Plaintiff-Appellant, v. PREFERRED RUBBER COMPOUNDING CORP.; United Steel Workers of America, AFL CIO/CLC, Defendants-Appellees, 227 F. App'x 482

PER CURIAM. Plaintiff Arnold Lackey appeals from the order of the district court granting

summary judgment to defendants Preferred Rubber Compounding Corporation (“Preferred Rubber” or “Company”) and United Steelworkers of America, AFL-CIO/CLC (“USW”) and United Steelworkers of America, Local 418L (“Local”) (collectively “Union”) in the hybrid action brought pursuant to § 301 of the Labor-Management Relations Act (“LMRA”). Specifically, Lackey challenges the district court’s rulings that there was no evidence of any “available” positions as defined in the collective bargaining agreement, and that the Union’s decision not to pursue Lackey’s grievance beyond its original stages was not unreasonable.

Having reviewed the parties’ briefs and the applicable law, and having had the benefit of oral argument, we conclude that this matter should be affirmed for the reasons stated in the district court’s well-reasoned opinion dated March 30, 2006. SO ORDERED.