UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-2483
THELMA PATRICIA SMITH,
Plaintiff - Appellant,
versus
CARROLL COUNTY EDUCATION ASSOCIATION,
INCORPORATED; MARYLAND STATE TEACHER’S
ASSOCIATION,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. J. Frederick Motz, District Judge. (CA-
01-1425-JFM)
Submitted: April 30, 2002 Decided: June 10, 2002
Before WILKINS and LUTTIG, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Thelma Patricia Smith, Appellant Pro Se. James Robert Whattam,
MARYLAND STATE TEACHER’S ASSOCIATION, Annapolis, Maryland, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Thelma Patricia Smith appeals the district court’s order
dismissing her employment discrimination complaint. We have
reviewed the record and the district court’s opinion and find no
reversible error. Although a labor organization may be subject to
suit under Title VII of the Civil Rights Act, 42 U.S.C.A. §§ 2000e
to 2000e-17 (West 1994 & Supp. 2001), Smith has not stated a viable
claim against the Defendants. The record provides no basis from
which we can conclude that the Defendants knew Smith’s employer was
discriminating against her and failed to take action based on such
knowledge. See generally Goodman v. Lukens Steel Co., 482 U.S. 656,
665-69 (1987). Rather, Smith’s claims assert unfair treatment by
her former employer, the Board of Education of Carroll County,
which is not a party to this action. Her conclusory allegation that
the Defendants breached their duty of fair representation fails to
state a claim upon which relief may be granted. Accordingly, we
affirm the district court’s judgment. Smith v. Carroll County Educ.
Ass’n, Inc., No. CA-01-1425-JFM (D. Md. Nov. 8, 2001). We dispense
with oral argument because the facts and legal contentions are
adequately presented in the materials before the court and argument
would not aid the decisional process.
AFFIRMED
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