Brenner v. Local 514, United Brotherhood of Carpenters & Joiners of America

927 F.2d 1283, 118 Lab. Cas. (CCH) 10,623
CourtCourt of Appeals for the Third Circuit
DecidedMarch 18, 1991
DocketNo. 90-5277
StatusPublished
Cited by3 cases

This text of 927 F.2d 1283 (Brenner v. Local 514, United Brotherhood of Carpenters & Joiners of America) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brenner v. Local 514, United Brotherhood of Carpenters & Joiners of America, 927 F.2d 1283, 118 Lab. Cas. (CCH) 10,623 (3d Cir. 1991).

Opinions

OPINION OF THE COURT

SLO VITER, Chief Judge.

Plaintiffs, members of Local 514, United Brotherhood of Carpenters and Joiners of America and their wives, filed suit' in the Middle District of Pennsylvania against Local 514 (the Local), the Keystone District Council, the United Brotherhood of Carpenters and Joiners of America (the International), and various officials of the local and international unions alleging that plaintiffs had been treated discriminatorily in retaliation for their internal union activities. Plaintiffs asserted a claim under section 301 of the National Labor Relations Act (NLRA), 29 U.S.C. § 185, a claim under sections 101(a) and 609 of the Labor Management Reporting and Disclosure Act (LMRDA), 29 U.S.C. §§ 411(a) and 529, and various pendent state law claims. The district court granted summary judgment in favor of the international union and its officials on all five of the plaintiffs’ counts. It also granted summary judgment in favor of the local union and the remaining defendants on four of the five counts and, as to the remaining count which alleged a breach [1286]*1286of the duty of fair representation under section 301, applied a six-month limitations period. Because there remains pending the portion of that claim which is based on acts within the six-month period, the district court certified its order granting summary judgment on the other claims as final pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. Therefore, this court has appellate jurisdiction pursuant to 28 U.S.C. § 1291.

I.

BACKGROUND FACTS AND PROCEDURAL HISTORY

Although there is a substantial dispute with respect to the underlying facts, for the purpose of the summary judgment motions we will construe the facts in the light most favorable to the plaintiffs.

Defendant Edward Blazejewski, Sr. was the business agent of Local 514 in 1979 when it was discovered that the local union election ballots had been marked so that Blazejewski was able to ascertain which union members had opposed his candidates. Blazejewski’s son, Edward Blazejewski, Jr., was on the slate of candidates for which Blazejewski campaigned. Most of the plaintiffs allege that they voted against Blazejewski’s candidates in this election and were thereafter discriminated against in several ways. The other plaintiffs allege that the retaliation against them began either after they challenged Blazejew-ski’s conduct as the business agent or otherwise manifested opposition to his leadership. Some of the union members notified the International Union in writing about the marked ballot election, but the International declined to set aside the election or replace Blazejewski as the business agent on the ground that the result of the election had not been affected.

Pursuant to its collective bargaining contract, the Local maintained a nonexclusive local hiring hall2, administered by Blaze-jewski, where union members would sign a hiring hall list when they became unemployed. The longstanding practice within the Local was to refer members to work in order, unless a union member was specifically requested by an employer. Each of the plaintiffs contends that Blazejewski either refused to refer him out to work through the hiring hall or consistently referred him to undesirable assignments, such as at distant locations or for short-term assignments at a reduced income. In addition, some of the plaintiffs submitted affidavits stating that Blazejewski arranged for the discontinuation of their health care benefits, selectively enforced valid union rules against them, used an admittedly illegal fund to pay only those strikers who were loyal to him, and threatened and otherwise intimidated opposition members. Eleven of the plaintiffs withdrew from Local 514 during Blazejewski’s tenure, allegedly because they could no longer afford to pay their union dues, or support themselves and their families without work referrals.3

Some of the plaintiffs filed charges with the National Labor Relations Board (NLRB) in early 1984, protesting the hiring hall system and alleging that Blazejewski refused to refer certain carpenters in retaliation for their internal union activities. The NLRB found that charges filed by certain of the plaintiffs were without merit, but it proceeded to a settlement with the Keystone District Council with respect to the hiring hall charges filed by others of the plaintiffs.

Some plaintiffs also complained in writing to the International in 1983 and 1986, specifically calling the International’s at[1287]*1287tention to the failure of Blazejewski to refer certain carpenters for employment. There were also other written complaints to the International between 1982 and 1986 which mentioned hiring hall abuses in addition to other misconduct by the Local. In 1983, the International appointed John Anello to investigate the charges, and he reported that there was no basis for the allegations of hiring hall impropriety. The International again appointed Anello to investigate the 1986 charges. He reported that there was some truth “on both sides of the fence” but that this would be a moot question because Blazejewski was retiring in a month. App. at 727. He recommended looking into the hiring and referral system thereafter, and a more formal procedure governing referrals was instituted after Blazejewski’s retirement.

Plaintiffs filed this suit in the district court on October 3, 1986. Their claim under section 301 of the NLRA asserted that Local 514 and the Keystone District Council breached their duty of fair representation by refusing to refer plaintiffs to work and otherwise discriminating against them in retaliation for their intra-union activities, and that the Internationa] participated in, ratified, encouraged, or affirmed this wrongful conduct. Their claim under sections 101(a) and 609 of the LMRDA filed against the Local, District Council, and International as well as Blazejewski and the officials of the International, George Walish, the General Executive, John Anello, and Pat Campbell, General President, asserted that plaintiff union members were improperly disciplined for exercising their rights protected by Title I of that statute.

All of the defendants filed motions for summary judgment. The district court held that plaintiffs failed to establish a basis for relief under the LMRDA because they had not alleged any official union conduct with respect to their mistreatment, and therefore the defendants’ conduct could not constitute “discipline” within the meaning of section 609 of the LMRDA.

As to plaintiffs’ section 301 claim, the district court held that the International, which was not a party to the collective bargaining agreement, could not be held responsible for the Local’s abuses in administering the hiring hall referral system and that the International’s failure to intervene did not constitute a breach of its own constitution. The court also held that plaintiffs failed to produce sufficient evidence to show that the International encouraged, authorized or ratified the Local Union’s conduct.

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Bluebook (online)
927 F.2d 1283, 118 Lab. Cas. (CCH) 10,623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brenner-v-local-514-united-brotherhood-of-carpenters-joiners-of-america-ca3-1991.