Erkins v. Bryan

785 F.2d 1538, 122 L.R.R.M. (BNA) 2618
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 8, 1986
DocketNos. 84-7455, 84-7774
StatusPublished
Cited by28 cases

This text of 785 F.2d 1538 (Erkins v. Bryan) 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
Erkins v. Bryan, 785 F.2d 1538, 122 L.R.R.M. (BNA) 2618 (11th Cir. 1986).

Opinion

CLARK, Circuit Judge:

All parties below have appealed from the district court decision in this suit for an accounting of union funds under § 501 of the Labor-Management Reporting and Disclosure Act (LMRDA), 29 U.S.C. § 501(a), (b). Elbert Erkins and Samuel Denson, plaintiffs below, were members of Local 7326 (Local), United Steelworkers of America (USW), when the Local struck plaintiffs’ employer, American Buildings Co. in Eufaula, Alabama. The strike lasted from December, 1976 until May, 1978, when employees voted to decertify USW as their [1541]*1541bargaining representative. During the course of the strike, USW provided the Local with a strike fund of $405,000. Billy Bryan, Arthur Comer, George Bullard and Charlie Greene, defendants below, were either Local officials or prominently involved in directing picketing and other strike efforts. Together, these four individuals received $140,000 from the strike fund in payment for various expenses incurred on behalf of the Local.

Soon after the strike ended, plaintiffs challenged the propriety of these payments, especially in view of the fact that defendants had acquired significant items of personal property during and after the strike while many other union members were struggling just to meet household expenses. Plaintiffs investigated the use of strike funds by defendants and in January, 1980, they requested that USW bring suit against defendants for misapplication of union funds. When USW instead referred the case to the Department of Labor, plaintiffs sought leave to bring suit om behalf of the union in federal court. Leave was granted and suit was filed on May 1, 1980, two years after the end of the strike.

In their suit, plaintiffs sought recovery of the $140,000 in payments, either from the individual defendants or from their indemnitor, United States Fidelity and Guaranty Corporation (USF & G). In addition, plaintiffs requested an award of $305,000 in attorney’s fees, payable by the defendants or intervenor, USW. After a three day non-jury trial, the district court ordered a recovery of $14,461.30 from the individual defendants, payable to USW. The court held that plaintiffs’ delay in joining USF & G had discharged the indemnitor from any liability under the bond, and recovery could be had only from the individuals. In a separate order, the court awarded plaintiffs $42,000 in attorney’s fees, payable by USW. 598 F.Supp. 240.

The parties present the following issues on appeal. Defendants argue that the district court erred in finding plaintiffs had standing to sue as union “members” under § 501(b) of LMRDA. Defendants contend that the statutory definition of union “member” must yield to each union’s definition of membership and plaintiffs would not be considered members by USW standards. Alternatively, defendants urge that this suit is time barred under recent Supreme Court precedent applying a six-month statute of limitations to cases brought under federal labor law. Intervenor USW joins in defendants’ arguments and furthermore contests the order to pay $42,000 in attorney’s fees. USW contends that the district court’s use of the common benefit theory of fee awards is clearly at odds with the language and legislative history of § 501(b), which limits fee awards to the amount of money recovered in an accounting suit (here only $14,461.30).

Plaintiffs for their part assert error in the district court’s order to recover only $14,461.30. Plaintiffs contend that the district court arbitrarily approved numerous payments not properly accounted for by defendants; thus, they request a judgment for the full $140,000 paid to defendants. Furthermore, plaintiffs contend that USF & G was erroneously found discharged from the fidelity bond since USF & G did not prove prejudice from the delay in being joined as a defendant. Lastly, plaintiffs’ attorneys argue that the district court erroneously awarded only 12% of their requested fee by arbitrarily reducing the number of hours billed, the hourly rate and eliminating the contingency factor.

We affirm the district court order and thus, reject all these contentions.

I. Plaintiffs’ Standing Under § 501

Section 501(a) provides that “the officers, agents, shop stewards, and other representatives of a labor organization occupy positions of trust in relation to such organization and its members as a group. It is therefore, the duty of each such person ... to hold [the organization’s] money and property solely for the benefit of the organization and its members.” 29 U.S.C. § 501(a). Section 501(b) provides that “any member of the labor organization” may sue a defaulting union officer in federal court [1542]*1542“to recover damages or secure an accounting or other appropriate relief for the benefit of the labor organization.” 29 U.S.C. § 501(b). Defendants argue that plaintiffs were not members of USW at the time of suit and therefore cannot sue for an accounting. Our consideration of this issue is foreclosed by the decision of a prior panel in an interlocutory appeal in this case. See Erkins v. Bryan, 663 F.2d 1048 (11th Cir.1981) {Erkins I). That panel held that plaintiffs were USW members at the time of filing suit and thus had standing to sue. Since findings of fact and conclusions of law by an appellate court bind all subsequent proceedings in the same case, absent exceptional circumstances, we find that plaintiffs have standing. See Westbrook v. Zant, 743 F.2d 764, 768 (11th Cir.1984).

II. Statute of Limitations for § 501 Accounting

Defendants assert that the district court erred in refusing to apply the six-month statute of limitations of the National Labor Relations Act (NLRA) to the present action. Neither § 501 nor the LMRDA specifically provide a period of limitations. When confronted with such legislative omissions, federal courts ordinarily adopt the most analogous state statute of limitations. An exception to this rule occurs when state law would contradict the purposes of the federal law or policy at issue; in that case, courts look to related federal statutes or doctrines. See UAW v. Hoosier Corp., 383 U.S. 696, 703-704, 86 S.Ct. 1107, 1111-1112, 16 L.Ed.2d 192 (1966). Defendants urge that the recent Supreme Court decision in DelCostello v. International Brotherhood of Teamsters, 462 U.S. 151, 103 S.Ct. 2281, 76 L.Ed.2d 476 (1983), requires this court to apply the NLRA statute of limitations in this case.

DelCostello involved a hybrid action brought under federal labor law by a disgruntled union member against his employer for breach of the collective bargaining agreement and against the union for breach of its duty of fair representation. The suit against the employer was brought under § 301 of the National Labor Relations Act, 29 U.S.C. § 185.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Payne v. Local Lodge 698
856 F. Supp. 2d 915 (E.D. Michigan, 2012)
Wadsworth v. Viveros (In Re Viveros)
456 B.R. 525 (D. Colorado, 2011)
In Re: Mushroom Transportation Company, Inc., Debtor. Jeoffrey Burtch Mushroom Transportation Co., Inc. Penn York Realty Company, Inc. Robbey Realty Inc. Trux Enterprises Teamsters Pension Trust Fund of Philadelphia Charles J. Schaffer, Jr. William J. Einhorn Raymond A. Huber Hubert C. Dietrich Robert J. Ewanco William D. Gross Thomas R. Johnston Joseph P. Santone William J. Dillner, Jr. James H. Hutchinson, Jr. John P. O'COnnOr Anthony R. Simones Freight Drivers & Helpers Local 557 Pension Fund Daniel L. Sandy v. Jonathan H. Ganz Pincus Verlin Hahn & Reich, P.C. Pincus Reich Hahn Dubroff & Ganz, P.C. Modell Pincus Hahn & Reich, P.C. Pincus Verlin Bluestein Hahn & Reich, P.C. Astor Weiss & Newman Rawle & Henderson Continental Bank Erwin L. Pincus Richard L. Hahn Pace Reich Jerome J. Verlin Andrew F. Napoli Ronald Bluestein Herman P. Weinberg David N. Bressler Allen B. Dubroff Jeoffrey Burtch, Trustee in Bankruptcy of Mushroom Transportation Company, Inc., Successor to Robbey Realty, Inc., Penn York Realty Company, Inc., and Trux Enterprises, Inc. And Successor to Michael Arnold, Former Trustee in Bankruptcy, Mushroom Transportation Company, Inc., Robbey Realty, Inc., Penn York Realty Company, Inc., and Trux Enterprises, Inc., the Teamsters Pension Trust Fund of Philadelphia and Vicinity, Charles J. Schaffer, Jr., in His Official Capacity as a Fiduciary, by His Successor in Office, William J. Einhorn, Raymond A. Huber, Herbert C. Dietrich, Robert J. Ewanco, William D. Gross, Thomas R. Johnston, Joseph P. Santone, William J. Dillner, Jr., James H. Hutchinson, Jr., John P. O'COnnOr and Anthony R. Simones, Trustees of the Western Pennsylvania, Teamsters and Employers Pension Fund or Their Successors, and Freight Drivers & Helpers Local 557 Pension Fund and Daniel L. Sandy, a Fiduciary, or His Successor and Any Other Named or Deemed Substituted (By Virtue of His Office) or Other Successor
382 F.3d 325 (Third Circuit, 2004)
Burtch v. Ganz
382 F.3d 325 (Third Circuit, 2004)
In Re: Mushroom
Third Circuit, 2004
Magnesystems, Inc. v. Nikken, Inc.
933 F. Supp. 944 (C.D. California, 1996)
Corea v. Welo
937 F.2d 1132 (Sixth Circuit, 1991)
Avila v. Coca-Cola Co.
849 F.2d 511 (Eleventh Circuit, 1988)
Greensboro Lumber Company v. Georgia Power Company
844 F.2d 1538 (Eleventh Circuit, 1988)
Council 49 v. Reach
843 F.2d 1343 (Eleventh Circuit, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
785 F.2d 1538, 122 L.R.R.M. (BNA) 2618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/erkins-v-bryan-ca11-1986.