Funderwhite v. Joint Apprenticeship & Training Committee of Cleveland Journeymen Plumbers Local No. 55

196 F. Supp. 3d 757, 2016 WL 3913678, 2016 U.S. Dist. LEXIS 94544
CourtDistrict Court, N.D. Ohio
DecidedJuly 20, 2016
DocketCase No. 1:16-CV-593
StatusPublished
Cited by3 cases

This text of 196 F. Supp. 3d 757 (Funderwhite v. Joint Apprenticeship & Training Committee of Cleveland Journeymen Plumbers Local No. 55) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Funderwhite v. Joint Apprenticeship & Training Committee of Cleveland Journeymen Plumbers Local No. 55, 196 F. Supp. 3d 757, 2016 WL 3913678, 2016 U.S. Dist. LEXIS 94544 (N.D. Ohio 2016).

Opinion

OPINION AND ORDER

Dan Aaron Polster, United States District Judge

Plaintiff David P. Funderwhite claims that Defendants improperly expelled him from a journeyman apprenticeship program. He seeks a declaratory judgment pursuant to the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, and he brings state law claims of breach of express and implied contract. Defendants now move to dismiss for lack of subject matter jurisdiction pursuant to Fed. R.Civ.P. 12(b)(1). The motion is fully briefed and ready for the Court’s consideration. The question raised by the parties is whether resolution of Plaintiffs state law claims depends upon a substantial federal question significant enough to trigger the Court’s “arising under” jurisdiction pursuant to 28 U.S.C. § 1331.

Upon review of the parties’ briefs, the relevant law, and the particular allegations in this case, the Court concludes that resolution of Plaintiffs state law claims does not depend on a substantial, disputed question of federal law. Therefore, because no other grounds for subject-matter jurisdiction exist, Defendants’ motion for lack of subject-matter jurisdiction is granted. The Court’s reasons are described below.

I. Background

On September 15, 2009, Plaintiff David P. Funderwhite (“Plaintiff’) enrolled in a journeyman plumber apprenticeship program. (Doc #: 1, ¶ 1). On June 13, 2014, after obtaining an excessive number of self-elimination points, he was expelled from the program. (Id. at ¶ 15). After exhausting his administrative appeals, Plaintiff filed the present lawsuit contesting his termination. Plaintiff seeks an order declaring that Defendants had insufficient grounds for expelling him from the apprenticeship program, and he brings state law breach of contract claims. (Id. at ¶ 34.) Plaintiff maintains that he is entitled to reinstatement, and he seeks an award of monetary damages, attorney fees, and expenses. (Id. at ¶¶ 38, 40).

Defendant the Joint Apprenticeship and Training Committee of the United Association of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local No. 55 (a/k/a Cleveland Journeymen Plumbers Local Union No. 55 of the United Association) (hereinafter, “the Joint Committee”) administers the apprenticeship program at issue. (Id.). Defendant Cleveland Plumbers Joint Apprenticeship Trust Fund (“the Trust Fund”) sponsors the apprenticeship program. Plaintiff alleges that the Joint Committee is an agent of the Trust Fund (Id. ¶ 3), and that the Joint Committee follows policies and guidelines adopted by the Trust Fund. (Id.). The Trust Fund and the Joint Committee delegate day-to-day management and administration responsibilities of the program to [760]*760Defendant Jason M. Shank (“Mr. Shank”) (Collectively, “the Defendants”). (Id. ¶ 6).

According to the Complaint, the apprenticeship program is registered with the United States Department of Labor under the National Apprenticeship Act (“NAA”), 29 U.S.C. § 50, as a program approved by a state apprenticeship agency. (Id.). Plaintiff contends that, in order to operate as a “registered” apprenticeship program under the NAA and related regulations, the apprenticeship program must conform to the standards prescribed in Parts 29 and 30 of Title 29 of the Code of Federal Regulations. (Id. ¶ 9). A “registered” program must also conform to any supplemental standards that the state apprenticeship agency adopts. (Id.). The state agency responsible for regulating the program in this case is the Ohio State Apprenticeship Council. (Id.).

Plaintiff entered into the “Apprenticeship Agreement” with Defendants on September 15, 2009. (Doc. #: 1 at ¶ 11). Under the agreement, the parties agreed “to the terms of the standards and work process schedule of the related registered program,” and Plaintiff agreed to abide by the Rules and Regulations governing the program. (See Doc. 1-1). The Rules and Regulations provide that “an apprentice within the ‘years of the apprenticeship’ [who] acquires a total of 3 strikes (30 points)” will be “automatically.. .terminated from the apprenticeship.” (Id.). Points may be administered if an apprentice fails to adhere to the Rules and Regulations of the program. At various times during his enrollment, Plaintiff received Rules and Regulations published by the Joint Committee. (Id. ¶ 12).

Over the course of his apprenticeship, Plaintiff was assessed a total of thirty-two points, twenty-seven of which he now challenges. (Id. ¶¶ 14, 16). On each occasion in dispute, Plaintiff received letters from the Joint Committee, authored by Defendant Shank, addressing the assessment of points. (Id. ¶ 14.). On March 26, 2012, Plaintiff was assessed twenty points for “falsification of information” and “failure to follow instructions.” (Id.). He received three points for failing his third year drawing course. (Id.). He was further assessed points for not making up missed class time, and for failing his fifth year plumbing design and layout course. (Id.).

On June 11, 2014, after being assessed a total of thirty-two points, Plaintiff was notified that he had been expelled from the apprenticeship program as of June 13, 2014. (Id. at 15). Plaintiff was advised that he had “the right to appeal in writing to the Joint Apprenticeship Training Committee within 30 days of the date of this letter.” (Id. ¶¶ 15, 17). Plaintiff timely requested an appeal. (Id. ¶ 19). On August 14, 2014, after Plaintiff met with the Joint Committee (Doc # 1 at ¶ 19), his appeal was denied. (Id. ¶ 20).

On September 9, 2014, Plaintiff petitioned the Ohio State Apprenticeship Council (“OSAC”), the state agency responsible for administering and enforcing the statutes and regulations governing the apprenticeship program. (Id. ¶24). Plaintiff argued that Defendants committed violations of state law by expelling him from the program. (Id.)

On June 29, 2015, OSAC notified Plaintiff of its conclusion that Defendants’ apprenticeship program met the statutory requirements for a registered apprenticeship program, with the exception of one area of concern, that being the record-keeping requirements. (Id. ¶ 25-26). The notice stated that OSAC’s investigation of the records for Plaintiff and for twenty additional apprentices revealed inconsistencies as to when apprentices were laid off or terminated. (Id. ¶ 26). OSAC recommended that Defendants review and revamp their documentation policy. (Id.).

[761]*761On March 10, 2016, Plaintiff filed this lawsuit alleging three causes of action. First, Plaintiff asserts an action for Declaratory Relief under 28 U.S.C. §§ 2201, 2202. Plaintiff alleges that there were insufficient grounds for assessing 27 of 32 points. (Id. at ¶ 32).

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196 F. Supp. 3d 757, 2016 WL 3913678, 2016 U.S. Dist. LEXIS 94544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/funderwhite-v-joint-apprenticeship-training-committee-of-cleveland-ohnd-2016.