Brown v. International Brotherhood of Electrical Workers, Local Union No. 58

936 F.2d 251, 1991 WL 104360
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 19, 1991
DocketNo. 90-1702
StatusPublished
Cited by1 cases

This text of 936 F.2d 251 (Brown v. International Brotherhood of Electrical Workers, Local Union No. 58) 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
Brown v. International Brotherhood of Electrical Workers, Local Union No. 58, 936 F.2d 251, 1991 WL 104360 (6th Cir. 1991).

Opinions

KENNEDY, Circuit Judge.

Richard Brown, one of several plaintiffs who brought this suit pursuant to the Labor-Management Reporting and Disclosure Act, 29 U.S.C. § 401 et seq., appeals the District Court’s summary judgment for the defendants.1 Brown claims that the union breached its duties by: (1) depriving its members of an informed vote and an opportunity to debate and organize an opposition; and (2) breaching its duty of fair representation by submitting for ratification a change in the contract without providing sufficient information to allow members to fully understand the change. Because we conclude that the District Court failed to make certain necessary findings of fact, we AFFIRM in part, REVERSE in part, and REMAND for further proceedings.

I

Plaintiffs are building trades employees who are members of defendant International Brotherhood of Electrical Workers, Lo[253]*253cal Union No. 58 (Local 58), which has over 2,500 members. They work for contractors through a hiring hall maintained by Local 58, and are employed under the Inside Wiremen’s Agreement, which is negotiated between Local 58 and a contractors association, defendant Southeastern Michigan Chapter, National Electrical Contractors Association (NECA). In October of 1988, the Local 58 Negotiating Committee began to negotiate a contract that would succeed the 1987-89 agreement which was to expire on June 3, 1989. Local 58 held regular union meetings at which the leadership and members would discuss any developments in the negotiations, and vote on union proposals. One of those meetings was held in April 1989. The Negotiating Committee presented several of NECA’s demands which were discussed on the floor. Near the end of the meeting, Thomas Butler, a committee member, addressed the issue of the “CIR” clause. That clause provided for a Joint Union-Employer Committee at the national level, called the Council on Industrial Relations for the Electrical Contracting Industry (CIR), to make final and binding decisions on unresolved bargaining issues. The 1987-89 agreement included a “modified CIR” clause, which provided for submission of an issue to the Council by agreement of both parties. A “standard CIR,” which other locals had recently adopted, and Local 58’s contract had included until 1975, allows unilateral submission of a dispute to the Council. Butler expressed his view that the standard CIR clause should be considered. Bernard La-bowitch, the union treasurer, responded from the floor, arguing that the standard clause would deprive him of control over his destiny.

On May 24, 1989, the negotiating teams for Local 58 and NECA reached a tentative agreement on a new contract, which included a standard CIR clause. The tentative agreement and ballots, which were due on June 14, 1989, were mailed to the membership for a vote. With the ballots, Local 58 sent a letter that specifically noted the economic changes in the proposed agreement and further noted that there were other changes in the proposed agreement. The packet sent to members also included a list of the specific contract provisions on which the members were to vote, but did not explain or specifically draw attention to the non-economic changes, including the change in the CIR clause.

The plaintiffs filed suit on June 13, 1989, one day before the votes were to be counted. The plaintiffs sought injunctive and declaratory relief. The District Court issued a temporary restraining order, preventing the implementation of the new agreement. The ballots were counted, and the new agreement was approved by 100 votes. The District Court conducted a hearing, and the plaintiffs’ motion for preliminary injunction was denied and the temporary restraining order was dissolved.

The parties then moved for summary judgment, and the plaintiffs appealed the magistrate’s denial of plaintiffs’ discovery requests. The District Court granted the defendants’ motion, and affirmed the magistrate’s denial. Brown now appeals both orders.

II

A motion for summary judgment may only be granted if “there is no genuine issue of material fact and ... the moving party is entitled to judgment as a matter of law.” Celotex v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). The evidence must be viewed in the light most favorable to the non-moving party. “The general standard an appellate court applies in reviewing a grant of summary judgment is the same as the district court_” Hines v. Joy Mfg. Co., 850 F.2d 1146, 1149 (6th Cir.1988).

Brown claims that in granting summary judgment to the defendants, the District Court failed to recognize that there was a genuine issue of material fact. Specifically, Brown claims that there is an issue as to whether Butler stated at the April meeting that a change in the CIR provision was under consideration at that time. Several union members who were present at the meeting testified that they thought Butler was only discussing the issue because he thought it should be considered in the future. The subject was not introduced until after the other proposals had been introduced and discussed, and some members had left the meeting because they believed that the discussion about the negotiations was over.

Brown also objects to the District Court’s conclusion that the ballots were mailed “on or about” May 25, 1989. Brown claims that there is a question of fact concerning this issue because there was testimony that the ballots were postmarked on May 31 and were not received until June 1 or 2.

The District Court stated, without making any finding of undisputed material [254]*254facts, that the provision was presented at the April meeting and that the ballots were mailed on May 25. After a review of the record on appeal we find that the District Court erred in granting summary judgment. There is a genuine issue as to whether Butler informed the members at the meeting that NECA was demanding, and Local 58 negotiating team was considering accepting, a standard CIR clause. Also, there is clearly testimony that indicates that the ballots were actually mailed on May 31, not May 25. The District Court erred in finding that there was no question of fact concerning those matters. We therefore REMAND this case for the District Court to make factual determinations as to those issues.

On remand, after the District Court makes the necessary findings of fact, it must determine whether Local 58 breached its duties under the Labor-Management Reporting and Disclosure Act (LMRDA) by failing to provide adequate information about the proposed changes in the agreement, and failing to provide adequate time in which to organize an opposition. The plaintiffs’ claims were based on the bill of rights for members of labor organizations, which states:

Every member of a labor organization shall have equal rights and privileges within such organization to nominate candidates, to vote in elections or referendums of the labor organization, to attend membership meetings, and to participate in the deliberations and voting upon the business of such meetings, subject to reasonable rules and regulations in such organization’s constitution and bylaws.

29 U.S.C. § 411(a)(1).

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Bluebook (online)
936 F.2d 251, 1991 WL 104360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-international-brotherhood-of-electrical-workers-local-union-no-ca6-1991.