Buresch v. International Brotherhood of Electrical Workers, Local No. 24

343 F. Supp. 183, 77 L.R.R.M. (BNA) 2932, 1971 U.S. Dist. LEXIS 12658
CourtDistrict Court, D. Maryland
DecidedJune 28, 1971
DocketCiv. A. 70-1197-M
StatusPublished
Cited by11 cases

This text of 343 F. Supp. 183 (Buresch v. International Brotherhood of Electrical Workers, Local No. 24) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Buresch v. International Brotherhood of Electrical Workers, Local No. 24, 343 F. Supp. 183, 77 L.R.R.M. (BNA) 2932, 1971 U.S. Dist. LEXIS 12658 (D. Md. 1971).

Opinion

JAMES R. MILLER, Jr., District Judge.

Plaintiff has instituted this action against Local No. 24 of the International Brotherhood of Electrical Workers (IBEW) and the International President (IP) of the IBEW under the provisions of the Labor-Management Reporting and Disclosure Act (LMRDA), also known as the Landrum-Griffin Act, 29 U.S.C.A. § 411 et seq. Plaintiff alleges that certain acts by the defendants have violated his rights 1 under the “Bill of Rights” of the LMRDA, 2 and he desires to be reinstated as a member in good standing of Local No. 24, “ . . .to all the rights and privileges of a member of the International Brotherhood of Electrical Workers with a voice in all local elections and in all collective bargaining agreements to which he may become subject as a working member in the geographical jurisdiction of Local Union No. 24.”

The defendants have moved pursuant to Rule 56(b) and (c), F.R.Civ.P., for summary judgment against the plaintiff stating that “ . . . upon the complaint, supporting affidavits and exhibits (both of this Defendant [Pillard] and Defendant Local 24) in that there is no genuine issue of any material fact and that Defendant is entitled to judgment as a matter of law and for reasons (in addition to but including those set forth in the Motion [for Summary Judgment] of Local 24) ....” 3 Plaintiff has presented no affidavits or exhibits with reference to this matter and thus the court will assume that he relies solely on his complaint and memorandum of law.

The primary purpose of the summary judgment rule is “ . . .to pierce the allegations of the pleadings, show that there is no genuine issue of material fact although an issue may be raised by the pleadings [footnote omitted], and that the movant is entitled to judgment *185 as a matter of law [footnote omitted]. To attain this end, Rule 56 provides several methods for presenting material extraneous to the pleadings [footnote omitted], The use of affidavits [footnote omitted] is one such method.” 4

The court, having considered the various pleadings, affidavits, and exhibits thereto and having heard oral argument supplemented by memoranda of law, believes that there is no genuine issue as to any material fact and that the defendants are entitled to judgment as a matter of law. Therefore, the motion for summary judgment by each defendant will be granted.

The court will now elaborate upon the facts and reasons which underlie this decision.

I

In 1961, and for several years prior thereto, plaintiff was a member of Local 28 of the IBEW in Baltimore, Maryland. Plaintiff and other members of that Local became engaged in an “illegal strike,” i. e., without receiving prior authority from the International President (IP) as required by the IBEW Constitution. One aftermath of the “illegal strike” was the revocation of the charter of Local 28 on August 1, 1961, by the IP. In a class action brought by several members, including the plaintiff, of Local 28, the IBEW was sued in the United States District Court for the District of Maryland to set aside the revocation. The relief prayed for was granted. (Parks v. IBEW, 203 F.Supp. 288 (D.Md.1962)). However, the United States Court of Appeals for the Fourth Circuit reversed, 314 F.2d 886, cert. denied, 372 U.S. 976, 83 S.Ct. 1111, 10 L.Ed.2d 142 (1963), and held that the penalty of charter revocation was not too harsh, remanding the case to the District Court.

In the meantime, the IP had granted a new charter in place of Local 28 to the newly-created Local 24. The “Local 28 class” then instituted a new action in the District Court, requesting Local 24 and the IBEW to admit to membership in Local 24 any member of Local 28 who made timely application. Thereupon, the IP initiated correspondence to the “Local 28 class” to settle the matter in a non-judicial manner.

On May 13, 1963, the IP offered to the class members of former Local 28 a method by which they could retain their membership in IBEW, issuing travel cards in many local unions throughout the United States to be recognized in the territorial jurisdiction of Local 24 for employment purposes. The great majority of the class accepted, including plaintiff, by letter dated May 18, 1963, and a travel card was issued to him out of Local 392, Coos Bay, Oregon. The IP, in the offer, made clear that he had no power to require Local 24 or any other local union to accept applicants into membership since, by the Constitution, that was a matter exclusively within the jurisdiction of the locals.

In view of the settlement as proposed by the IP’s letter of May 13, 1963, to all the “Local 28 class” (including plaintiff) and in view of the fact that the “Local 28 class” withdrew its complaint against Local 24 demanding membership therein, the District Court entered a final judgment dated May 16, 1963, dismissing the action with prejudice to the “Local 28 class.”

Since 1963, plaintiff has sent numerous letters to the IP and Local 24 demanding membership in that Local instead of Local 392, basically for the reason that he would be in a better position to secure employment in the Baltimore area if he had such membership, even though through the years he has been working for numerous contractors under the Local 24 referral list. As the affidavits of the defendants indicate, plaintiff has, during this time, filed numerous unfair labor charges with the Fifth Region of the NLRB which were dismissed by the Regional Director after investigation, because there was no evidence to support the charges. Some of these dismissals *186 were appealed to the Board in Washington and all were denied.

In February 1969, plaintiff filed suit in this court under 29 U.S.C. § 185 (§ 301 of the Act), Civil No. 20458, asking that the court require defendant Local 24 to grant membership to plaintiff because plaintiff was denied protection in controversies with the contractors, denied a voice in negotiations and denied a bargaining agent in the Baltimore area. Defendant filed a motion to dismiss which was granted, subject to the right of plaintiff to amend his complaint within 30 days. Plaintiff not having amended the complaint, the action was dismissed June 13, 1969, without prejudice.

The case was neither reinstituted nor appealed and, on August 11, 1969, specific charges under the IBEW Constitution were duly filed and served on plaintiff by the Financial Secretary of Local 24, 5 charging violation of Article XXVII, § 1(1) of the IBEW Constitution, which makes it a violation to refuse to exhaust internal remedies by:

“(1) Resorting to the courts for redress of any injustice which he may believe, has been done him by the I.B. E.W. or any of its L.U.’s [Local Unions] without first making use, for at least a four-month period, of the process available to him under the I.B.E.W. Constitution including any appeal or appeals from any decision against him.”

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343 F. Supp. 183, 77 L.R.R.M. (BNA) 2932, 1971 U.S. Dist. LEXIS 12658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buresch-v-international-brotherhood-of-electrical-workers-local-no-24-mdd-1971.