Random drug testing, union issues, arbitration.

V. Kirk Smith appeals a lower court's decision to dismiss his complaint against his former employer and the union that once represented him. Smith was dismissed from his position at United Parcel Service when he posted a positive result in a random drug test. Smith's union filed two grievances on his behalf and the matter was submitted for arbitration. The arbitrator ruled in the company's favor and upheld Smith's dismissal. Smith then filed suit against the company and against the union for failing to fulfill its duty to adequately represent him.

The United State District Court for the Western District of Missouri granted summary judgment for UPS and the union. Smith now appeals.

Smith loses. The United States Court of Appeals for the Eighth Circuit affirmed the summary-judgment ruling of the lower court. The court of appeals ruled that Smith failed to submit evidence in support of his complaint.