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Plaintiff David Menges sued his former employer, ABF Freight System, Inc. (ABF), under section 301 of the Labor Management Relations Act (LMRA), claiming he was terminated in violation of the collective bargaining agreement (CBA) between ABF and his union, and that the union then breached its duty of fair representation in handling his grievance. The district court awarded summary judgment to ABF, concluding the union's handling of the grievance was sufficient as a matter of law. Having jurisdiction under 28 U.S.C. § 1291, we affirm.

I. Background
Menges worked for ABF as a truck driver in its Denver, Colorado terminal. As a member of the Local Union 17 International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (hereinafter "union"), the terms of his employment were governed by the CBA between the union and ABF. Article 46 of the CBA allowed ABF to discharge a union member without warning for "[r]ecklessness resulting in a serious accident while on duty." App. at 149. In August 2007, ABF discharged Menges under Article 46 based on an accident that he was involved in on July 31. ABF's stated reason for firing him was because he "attempted to make a right hand turn at a red light and struck a vehicle that had the right of way," and that "as a result of [his] negligence [he] [was] cited for Failure to Yield." Id. at 168. The union, through its business agent Michael Ramos, filed a grievance challenging the discharge and represented Menges at a hearing before a grievance committee equally comprised of union and employer members. The committee voted to uphold the discharge.

Menges then filed this action against ABF under the LMRA asserting a hybrid § 301/duty of fair representation claim.[ 2 ] To prevail on such a claim, the discharged worker must prove the following three elements: "(1) Some conduct by the worker's union that breached the duty of fair representation; (2) A causal connection showing that the union's breach affected the integrity of the arbitration process, and; (3) A violation of the collective bargaining agreement by the company." Webb v. ABF Freight Sys., Inc., 155 F.3d 1230, 1239 (10th Cir. 1998). At summary judgment, the district court found Menges had raised a material fact issue as to the third element, that is, whether ABF terminated him in violation of Article 46. But it nonetheless granted summary judgment to ABF, concluding Menges could not satisfy the first two elements of his claim. The court found that even accepting Menges's version of the facts, the union's handling of his grievance was, at worst, negligent. And it explained that negligence as a matter of law does not constitute a breach of the duty of fair representation. Menges challenges this ruling on appeal, arguing he offered overwhelming evidence that Ramos's handling of the grievance was legally insufficient and was responsible for the committee's unfavorable decision.

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