Causey v. Local 1323, United Automobile, Aerospace & Agricultural Implement Workers

734 F. Supp. 1201, 133 L.R.R.M. (BNA) 2049, 1989 U.S. Dist. LEXIS 17103, 1989 WL 201581
CourtDistrict Court, D. South Carolina
DecidedJuly 14, 1989
DocketCiv. A. No. 4:86-1850-0
StatusPublished
Cited by4 cases

This text of 734 F. Supp. 1201 (Causey v. Local 1323, United Automobile, Aerospace & Agricultural Implement Workers) is published on Counsel Stack Legal Research, covering District Court, D. South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Causey v. Local 1323, United Automobile, Aerospace & Agricultural Implement Workers, 734 F. Supp. 1201, 133 L.R.R.M. (BNA) 2049, 1989 U.S. Dist. LEXIS 17103, 1989 WL 201581 (D.S.C. 1989).

Opinion

ORDER

PERRY, District Judge.

This matter is before the court upon the motions of the defendants for summary judgment and to strike plaintiffs’ jury demand. A hearing on this matter was held August 31, 1988. For the reasons set forth below, defendants’ motion for summary judgment is granted.

I.

Plaintiffs consist of over fifty (50) South Carolina residents who were employed by the Conway Plant of Wolverine Brass Works and were members of the United Auto Workers union. Defendant, Local 1323, United Automobile, Aerospace, and Agricultural Implement Workers of America, United Auto Workers (Local 1323) is an unincorporated association which represented employees at the Wolverine Plant. [1203]*1203Defendant, International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America, and United Auto Workers (International Union) is also an unincorporated association representing employees in industry affecting commerce. Defendant International Union maintains the charter under which Defendant Local 1323 is governed and is the exclusive bargaining agent for employees of plaintiffs’ bargaining unit.

On or about February 1, 1985, a contract was being negotiated between the defendants and plaintiffs’ employer, Wolverine Brassworks. The defendants represented plaintiffs in the contract negotiations. The parties failed to reach an agreement and in May, 1985, plaintiffs’ contract expired. The defendants then filed unfair labor practice charges with the National Labor Relations Board (NLRB) alleging that plaintiffs’ employer had unlawfully failed to provide certain information requested by the defendants. Plaintiffs went on strike on June 18, 1985 and their employer immediately hired replacement employees. Claude “Poncho” Pereira was the Union representative who initially participated in the contract negotiations on behalf of plaintiffs. Pereira died on August 2, 1985 and was replaced by International Representative Herb Butler.

Following unsuccessful negotiations to end the strike, plaintiffs voted to end the strike on January 14, 1985. In February, 1986 a contract which was essentially the same as the contract which plaintiffs had been offered prior to the strike was executed. The central difference in the contract which plaintiffs accepted was that it provided that the plaintiffs would only be re-employed on the basis of seniority as jobs became available. Thereafter, in April, 1986, the Union was decertified in a National Labor Relations Board sponsored election.1

Plaintiffs filed this action on July 10, 1986, seeking damages due to their loss of employment. In January, 1987, plaintiffs brought an internal union appeal under the United Auto Workers’ (UAW) Constitution. The Union’s International Executive Board dismissed plaintiffs’ internal appeal as untimely. Plaintiffs then sought an extension of the 30-day time limit from the International Union President. The President declined to grant plaintiffs’ request for an extension. Plaintiffs then appealed the International President’s decision to the Public Review Board who upon review declined to overrule the International President’s decision.

In this action, plaintiffs allege that the Unions have breached their duty of fair representation.2 Plaintiffs also allege that defendants “deprived plaintiffs of their right to vote on agreements as guaranteed under the Defendants’ Constitutions and By-Laws in violation of a 101(a)(1) of the Labor Management Relation and Disclosure Act (L.M.R.D.A.), 29 U.S.C. § 411(a)(1)” and allege a state tort cause of action based upon alleged fraud and misrepresentation.3

Plaintiffs seek an award of actual and punitive damages, as well as costs and attorneys’ fees arising from the alleged wrongful acts. Defendants have moved for summary judgment and have moved to strike plaintiffs’ jury demand.

In determining whether to grant a motion for summary judgment pursuant to Rule 56(b) of the Federal Rules of Civil Procedure the court must view the facts and other evidence in the light most favorable to the nonmoving party. United States v. Diebold, Inc., 369 U.S. 654, 82 S.Ct. 993, 8 L.Ed.2d 176 (1962); Terry’s [1204]*1204Floor Fashions, Inc. v. Burlington Industries, Inc., 763 F.2d 604 (4th Cir.1985). Summary judgment is appropriate only when the record before the court demonstrates that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Adickes v. S.H. Kress & Co., 398 U.S. 144, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). The moving party has the burden of showing the absence of a genuine issue of material fact. United States v. Diebold, 369 U.S. at 655, 82 S.Ct. at 994. Rule 56(e) provides that a party opposing a properly supported motion for summary judgment may not rest on the mere allegations of his pleading but must set forth or point to specific facts showing that there is a genuine issue of fact for trial. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

II.

As one basis for summary judgment, defendants allege that plaintiffs’ causes of action based on breach of duty of fair representation and violation of § 101(a)(1) of the L.M.R.D.A., 29 U.S.C. § 411(a)(1) are barred by the statute of limitations.

The duty of fair representation obligates unions to represent fairly interests of all members of bargaining units and is breached only when conduct of the union is arbitrary, discriminatory, or in bad faith. International Brotherhood of Electrical Workers v. Foust, 442 U.S. 42, 99 S.Ct. 2121, 60 L.Ed.2d 698 (1979); Vaca v. Sipes, 386 U.S. 171, 87 S.Ct. 903, 17 L.Ed.2d 842 (1967). Simple negligence, ineffectiveness, or poor judgment is insufficient to establish a breach of the union’s duty of fair representation. Smith v. Local 7898, United Steelworkers of America, 834 F.2d 93, 96 (4th Cir.1987).

The United States Supreme Court held in Del Costello v. International Brotherhood of Teamsters, 462 U.S. 151, 103 S.Ct.

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734 F. Supp. 1201, 133 L.R.R.M. (BNA) 2049, 1989 U.S. Dist. LEXIS 17103, 1989 WL 201581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/causey-v-local-1323-united-automobile-aerospace-agricultural-implement-scd-1989.