Bowerman v. International Union, United Automobile, Aerospace & Agricultural Implement Workers of America

646 F.3d 360, 190 L.R.R.M. (BNA) 3287, 2011 U.S. App. LEXIS 12481
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 21, 2011
DocketNo. 10-3500
StatusPublished
Cited by11 cases

This text of 646 F.3d 360 (Bowerman v. International Union, United Automobile, Aerospace & Agricultural Implement Workers of America) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bowerman v. International Union, United Automobile, Aerospace & Agricultural Implement Workers of America, 646 F.3d 360, 190 L.R.R.M. (BNA) 3287, 2011 U.S. App. LEXIS 12481 (6th Cir. 2011).

Opinion

OPINION

GRIFFIN, Circuit Judge.

Plaintiffs-appellants are machine repairmen presently or formerly employed by Chrysler Group, L.L.C. or Daimler Chrysler Corporation (“Chrysler”) at two plants located in Toledo, Ohio. Plaintiffs claim that their union, defendants-appellees International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (“UAW”) and International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local No. 12 (“Local 12”),1 breached their duty of fair representation by favoring certain skilled workers — millwrights and electricians — over plaintiffs— machine repairmen.

In October 2007, the district court granted defendants’ motion for summary judgment, holding that plaintiffs had failed to exhaust internal union remedies. On appeal, this court reversed, instructing the district court to consider whether plaintiffs’ claims were barred by the statute of limitations. On remand, defendants again moved for summary judgment. The district court granted the motion, holding that a portion of plaintiffs’ claims were barred by the statute of limitations and that the remaining claims failed on their merits. On appeal, plaintiffs challenge both of these findings. Upon review, we affirm the district court in all respects.

I.

Chrysler employs several kinds of skilled tradesmen at two Toledo plants, the “North Cove” plant and the new “Toledo North” plant. This case implicates three groups of skilled tradesmen: machine repairmen, millwrights, and electricians. Plaintiffs are machine repairmen.

Until 1997, the skilled tradesmen at Chrysler’s Toledo plants were represented by two unions. The UAW represented, among others, millwrights and electricians, and the Mechanics Education Society of [364]*364America (“MESA”) represented the machine repairmen. In 1997, former MESA members became UAW members subject to the new 1997-2002 collective bargaining agreement (“CBA”).

In 1999, when Chrysler built the Toledo North plant, problems developed in establishing its “lines of demarcation,” which delineate what responsibilities are assigned to each skilled trade. Disputes over lines of demarcation were not an unusual occurrence at the Chrysler plants. In particular, millwrights, electricians, and machine repairmen have some overlap with regard to their trade skills,2 resulting in disputes over work assignments. However, the lines of demarcation at the North Cove plant became well-settled over time.

Before 1997, line of demarcation disputes were resolved through the grievance process by relying in substantial part on past practice. However, the 1997-2002 CBA provided for several changes. Emphasizing the need for a cooperative work environment, the CBA noted that there must be “flexibility in job assignments and job transfers!].]” Specifically addressing the issue of lines of demarcation, the CBA provided: “Skilled Trades classification shall be effectively reduced to reflect the consolidation of former M.E.S.A. classifications with UAW, Local 12 in addition to minimizing traditional lines of demarcation with respect to job responsibilities.” The CBA further noted that “many tasks are properly performed within the scope of two or more classifications.”

In August 1999, before the Toledo North plant began operations, certain specifically assigned coordinators, along with maintenance manager Ted Roberts, attempted to establish lines of demarcation for the plant. This process resulted in numerous disagreements, causing concern among the skilled tradesmen.

In January 2001, Local 12 announced the creation of a Lines of Demarcation Committee (the “LDC”) to draft the lines of demarcation for the Toledo North plant. Representatives from each skilled trade were elected, establishing the LDC by January 30, 2001.3 Thereafter, the LDC viewed plant equipment, conducted meetings, and voted on the lines of demarcation. Eight trades were represented on the LDC, each with one vote. Richard McIntyre, Jeffrey Ghigo, Gary Soncrant, and Bill Hameister each served, in succession, as LDC members representing the machine repairmen. The decisions of the LDC, numbered 1-10, with one unnumbered decision and one clarification decision, were issued between June 5, 2001, and May 31, 2002.

Following publication of the LDC decisions, many skilled tradesmen were left dissatisfied. As a result, a petition was circulated requesting that the UAW visit the Toledo North plant and make recommendations regarding appropriate lines of demarcation. In accordance with this request, Jerry Brown, a staff representative for the UAW, visited the Toledo North plant on three occasions. Brown examined the disputed areas of the plant and provided written recommendations. However, several skilled tradesmen were still dissatisfied with these recommendations, resulting in inconsistent job allocations and grievances.

[365]*365In 2003, Local 12 and Chrysler negotiated a new CBA. During negotiations, it became clear that the lines of demarcation issue needed to be resolved. Accordingly, a letter agreement was drafted providing that a joint task force would be created to address work assignments. Dan Henneman, the Local 12 chairman, assigned Fritz Edwards, the skilled trades committeeman, to work with Chrysler to establish mutually agreed upon lines of demarcation. Edwards thereafter called a meeting with the skilled trade stewards to discuss the issue. Richard McIntyre, the machine repair steward, attended the meeting, but left early when frustrated with the meeting’s progress. Another meeting was scheduled, but McIntyre was unable to attend. Following these failed meeting attempts, Edwards continued his work on the lines of demarcation without input from the stewards, obtaining information from skilled tradesmen on the plant floor, center managers Chuck Velez and Bill Beeker, and from personal observation.

When Edwards’ lines of demarcation were published in 2005, no one was completely satisfied. Several machine repairmen felt that the demarcations reassigned significant portions of their work to millwrights and electricians. Such reassignments, they felt, were contrary to past practice and training.

Plaintiffs filed the present lawsuit on August 26, 2002, alleging that Local 12 and the UAW used their influence to favor millwrights and electricians at the expense of the machine repairmen. They also contended that the creation of the LDC was not authorized by the union bylaws or constitution.

On May 19, 2006, defendants moved for summary judgment on numerous grounds. The district court granted defendants’ motion, holding that plaintiffs failed to exhaust internal union remedies. On appeal, we reversed the grant of summary judgment, holding that the district court had failed to address “a threshold statute of limitations issue that could render the case untimely.” Burkholder v. UAW, 299 Fed.Appx. 531, 534 (6th Cir.2008) (unpublished). In addition, we held that the district court had not addressed whether the exhaustion of internal remedies would be excused as a result of the union’s alleged breach of its duty of fair representation. Id. at 535-36 (citing Williams v. Molpus, 171 F.3d 360, 369 (6th Cir.1999)).4

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Bowerman v. UAW LOCAL 12
646 F.3d 360 (Sixth Circuit, 2011)

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Bluebook (online)
646 F.3d 360, 190 L.R.R.M. (BNA) 3287, 2011 U.S. App. LEXIS 12481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowerman-v-international-union-united-automobile-aerospace-ca6-2011.