Clarke v. Laborers' International Union

916 F.2d 1539
CourtCourt of Appeals for the Eleventh Circuit
DecidedNovember 13, 1990
DocketNo. 89-3452
StatusPublished
Cited by3 cases

This text of 916 F.2d 1539 (Clarke v. Laborers' International Union) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clarke v. Laborers' International Union, 916 F.2d 1539 (11th Cir. 1990).

Opinion

WESLEY E. BROWN, Senior District Judge.

Plaintiff-appellant was employed by a construction company in Jacksonville, Florida, through Laborers’ Local 301, AFL-CIO (“Local 301”). On April 19, 1984, plaintiff was seriously injured while performing construction work. Plaintiff filed suit against Local 301 and its international affiliate, the Laborers’ International Union of North America (“LIUNA”). Plaintiff contended that the unions’ failure to provide a shop steward at the job site and their failure to enforce the collective bargaining agreement under which he was working1 were contributing factors in his injury. The amended complaint alleged: (1) that the defendants negligently failed to perform their duty to insure that the plaintiff’s workplace was safe and that he had the necessary training to perform his job; (2) that the defendants breached their contract to perform the aforementioned duties; and (3) that the defendants breached their duty of fair representation.

The district court granted the defendants’ motions for summary judgment. Relying on International Brotherhood of Electrical Workers v. Hechler, 481 U.S. 851, 107 S.Ct. 2161, 95 L.Ed.2d 791 (1987), the court found that the state law claims asserted by plaintiff were preempted by § 301 of the Labor Management Relations Act (“LMRA”), 29 U.S.C. § 185. Next, the court found there was no breach of contract by the defendants under § 301. Lastly, the court ruled that plaintiff’s claim for breach of the duty of fair representation was barred by the applicable statute of limitations. Plaintiff challenges these rulings on appeal. For the reasons set forth herein, we affirm.

A. Preemption of state law claims.

We first examine appellant’s contention that the district court erred in finding that his state law claims were preempted by § 301 of the LMRA. In order to address this issue, we first briefly review some of the relevant decisions on the preemptive effect of § 301.

Section 301 provides:

Suits for violations of contracts between an employer and a labor organization representing employees in an industry [1541]*1541affecting commerce as defined in this Act, or between any such labor organizations, may be brought in any district court of the United States having jurisdiction of the parties, without respect to the amount in controversy or without regard to the citizenship of the parties.

The Supreme Court has held that § 301 is a broad source of authority for the courts to fashion a body of federal law for the enforcement of collective bargaining agreements. Textile Workers v. Lincoln Mills of Alabama, 353 U.S. 448, 77 S.Ct. 912, 1 L.Ed.2d 972 (1957). Although state courts have concurrent jurisdiction over collective bargaining agreement disputes, they must apply federal law to such claims. Because of a need for uniformity in the interpretation of collective bargaining agreements, any state law cause of action for violation of such agreements is entirely displaced by federal law under § 301. Teamsters v. Lucas Flour Company, 369 U.S. 95, 82 S.Ct. 571, 7 L.Ed.2d 593 (1962).

Recent Supreme Court decisions have recognized the preemptive force of § 301. In Allis-Chalmers Corp. v. Lueck, 471 U.S. 202, 105 S.Ct. 1904, 85 L.Ed.2d 206 (1985), the plaintiff sought to bring a state tort action for bad-faith handling of an insurance claim. The insurance claim concerned benefits authorized by a collective bargaining agreement. The Court held that § 301 preempted the state tort claim because the duty allegedly violated (i.e. the duty to pay benefits) was created by the collective bargaining agreement and did not exist independently of the agreement. 471 U.S. at 217-18, 105 S.Ct. at 1914. The Court considered the tort claim to be “inextricably intertwined” with the terms of the labor contract.

This rule was extended to a suit by an employee against her union in International Brotherhood of Electrical Workers v. Hechler, 481 U.S. 851, 107 S.Ct. 2161, 95 L.Ed.2d 791 (1987). In Hechler, the plaintiff alleged that her union negligently failed to provide her with a safe workplace. The plaintiff alleged the union had a duty to provide a safe workplace by virtue of the collective bargaining agreement. The Supreme Court stated that the plaintiff’s claim would require a court to ascertain whether the collective bargaining agreement placed an implied duty of care on the union to insure a safe workplace for the plaintiff. 481 U.S. at 862, 107 S.Ct. at 2168. Because the plaintiff’s claim was not sufficiently independent of the collective bargaining agreement, the Court held that the claim was preempted by § 301. Id.

In Lingie v. Norge Division of Magic Chef, 486 U.S. 399, 108 S.Ct. 1877, 100 L.Ed.2d 410 (1988), the Court examined the effect of § 301 on a claim for retaliatory discharge. The plaintiff in Lingie, a union employee, alleged that she had been discharged for filing a worker’s compensation claim. The Supreme Court rejected an argument that the plaintiff’s claim was preempted by § 301, finding that the claim was independent of the collective bargaining agreement. The Court noted that a claim was “independent” when it did not require construing the collective bargaining agreement. 486 U.S. at 408-409, 108 S.Ct. at 1882-1883, 100 L.Ed.2d at 420.

The most recent Supreme Court pronouncement on the preemptive effect of § 301 is United Steelworkers of America v. Rawson, — U.S. -, 110 S.Ct. 1904, 109 L.Ed.2d 362 (1990). The plaintiffs in Rawson brought wrohgful death claims on behalf of union employees killed in a mining accident. Prior to the accident, union representatives had inspected the mine as part of a safety committee established by the miners’ collective bargaining agreement. The plaintiffs claimed that the union’s negligent inspection of the mine had proximately caused the miners’ deaths. The majority in Rawson held that § 301 preempted the wrongful death claims, finding that the claims were not independent of the collective bargaining agreement. The Court stated: “If the Union failed to perform a duty in connection with inspection, it was a duty arising out of the collective bargaining agreement signed by the Union as the bargaining agent for the miners. Clearly, the enforcement of that agreement and the remedies for its breach are matters governed by federal law.” At -, 110 S.Ct. at 1910.

[1542]*1542Applying the foregoing precedents to the facts of this case, we find that any state law claims asserted by the plaintiff are preempted by § 301. Plaintiff has failed to demonstrate that the unions had any duty independent of the collective bargaining agreement to insure his safety or to intervene on his behalf.

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Clarke v. Laborers' International Union Of North America
916 F.2d 1539 (Eleventh Circuit, 1990)

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