Fano Sagona v. Plumbers and Steamfitters Local No. 60

Fifth Circuit

Fano Sagona v. Plumbers and Steamfitters Local No. 60

480 F.2d 562, 84 L.R.R.M. (BNA) 2367, 1973 U.S. App. LEXIS 9658

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 31, 1973

Docket73-1014

StatusPublished

This text of 480 F.2d 562 (Fano Sagona v. Plumbers and Steamfitters Local No. 60) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fano Sagona v. Plumbers and Steamfitters Local No. 60, 480 F.2d 562, 84 L.R.R.M. (BNA) 2367, 1973 U.S. App. LEXIS 9658 (5th Cir. 1973).

Pincite

Opinion

PER CURIAM:

Appellant sued Local 60 1 and a monetary employer (Tompkins-Beckwith, Inc.) under § 301, 29 U.S.C.A. § 185 for conspiracy and a discriminatory refusal to refer him to jobs. Included was also the complaint that Local 60 had failed properly to present and prosecute his grievance as to this treatment. The district court on affidavits and depositions which did not controvert the essential facts on which we act, entered an order which essentially dismissed as on summary judgment.

Local 60 maintained two divisions (i) building trades and (ii) metal trades. The worker qualifications, dues, etc., of each division were quite different. Appellant was a member of the metal trades division. Probably through error of an inexperienced night shift hiring hall employee, the appellant was referred to the utility construction project of the employer whose contract with Local 60 was through an association of building construction contractors. When it was shortly discovered that appellant (and *563 another) were metal trades members, Local 60 recalled him from the job.

On facts which appellant never contradicted, there was no breach of the collective bargaining contract and no basis for a grievance. This disposition as on summary judgment was an ideal instrument for terminating this baseless lawsuit in its tracks.

Affirmed.

1

. Plumbers and Steamfitters Local No. 60.

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

PER CURIAM:

Appellant sued Local 60 1 and a monetary employer (Tompkins-Beckwith, Inc.) under § 301, 29 U.S.C.A. § 185 for conspiracy and a discriminatory refusal to refer him to jobs. Included was also the complaint that Local 60 had failed properly to present and prosecute his grievance as to this treatment. The district court on affidavits and depositions which did not controvert the essential facts on which we act, entered an order which essentially dismissed as on summary judgment.

Local 60 maintained two divisions (i) building trades and (ii) metal trades. The worker qualifications, dues, etc., of each division were quite different. Appellant was a member of the metal trades division. Probably through error of an inexperienced night shift hiring hall employee, the appellant was referred to the utility construction project of the employer whose contract with Local 60 was through an association of building construction contractors. When it was shortly discovered that appellant (and *563 another) were metal trades members, Local 60 recalled him from the job.

On facts which appellant never contradicted, there was no breach of the collective bargaining contract and no basis for a grievance. This disposition as on summary judgment was an ideal instrument for terminating this baseless lawsuit in its tracks.

Affirmed.

1

. Plumbers and Steamfitters Local No. 60.

Cite This Page — Counsel Stack

Bluebook (online)

480 F.2d 562, 84 L.R.R.M. (BNA) 2367, 1973 U.S. App. LEXIS 9658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fano-sagona-v-plumbers-and-steamfitters-local-no-60-ca5-1973.

Opinion

Related

Cite This Page — Counsel Stack