Garner v. International Union, United Automobile Aerospace & Agricultural Implement Workers

800 F. Supp. 706, 138 L.R.R.M. (BNA) 2467, 1991 U.S. Dist. LEXIS 17716, 1991 WL 353845
CourtDistrict Court, S.D. Indiana
DecidedApril 24, 1991
DocketNo. IP-89-219-C
StatusPublished

This text of 800 F. Supp. 706 (Garner v. International Union, United Automobile Aerospace & Agricultural Implement Workers) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Garner v. International Union, United Automobile Aerospace & Agricultural Implement Workers, 800 F. Supp. 706, 138 L.R.R.M. (BNA) 2467, 1991 U.S. Dist. LEXIS 17716, 1991 WL 353845 (S.D. Ind. 1991).

Opinion

DILLIN, District Judge.

This matter comes before the Court on motions for summary judgment by the Union defendants and by Dana Corporation. For the following reasons, the defendants’ motions are granted.

[708]*708 Background

Constance L. Garner and Delores L. Smith (Plaintiffs) filed their class action complaint on March 9, 1989, pursuant to Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185 (Section 301) and the Labor Management Reporting and Disclosure Act, 29 U.S.C. § 411(a)(1), (2), and § 412 (LMRDA).

The International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW or the Union) and Dana Corporation (Dana, or the Company) have been parties to successive collective bargaining agreements regarding Dana’s employees at its facilities in Richmond, Indiana. UAW Local No. 279 (the Local) is the bargaining representative for the Ring and Camshaft Local UAW affiliates.1

Prior to 1978 Dana’s operations were conducted at one facility pursuant to a Master Agreement between UAW and Dana, and the local supplement thereto. In June, 1978, Dana's operations were divided into two separate plants known as the Camshaft plant and the Ring plant, under separate seniority supplements to the Master Agreement.

Letters of intent included in the Camshaft supplement and in the Ring supplement permitted transfer between open jobs based on seniority for working or laid off employees. In 1983, the transfer provisions were modified to apply to employees on layoff only, and not to working employees. In December 1986, the Camshaft and Ring locals ratified their collective bargaining agreement which renewed the transfer provisions as Letter # 4 of the Ring supplement and Letter # 7 of the Camshaft supplement.

Letter # 4, the applicability of which is at the heart of the complaint, provides the following in relevant part:

1. Upon layoff from either Ring Machining Plant or Camshaft Plant, an employee may within 30 calendar days from the effective date of his layoff, make written application to accept preferential hiring in the event of an opening in the other plant. An employee accepting such job opening shall forfeit his seniority right in the plant from which he came. Applications will be selected on the basis of seniority.
2. Upon being employed as provided above, the employee will retain all previous seniority. It is understood that employees on layoff will be recalled to their plant before employees from the other plant are given preferential hiring rights.

In 1987, Dana announced that it intended to close the Camshaft plant. The International Union, the Camshaft Local and Dana engaged in negotiations resulting in a Plant Closing Agreement. The Plant Closing Agreement was ratified by vote of the Camshaft employees on April 25, 1988. The Plant Closing Agreement was not offered for vote to the Ring plant employees.

The named plaintiffs are Ring plant employees. In their complaint they allege that, following the closing of the Camshaft plant, laid off Camshaft employees were permitted to transfer to the Ring plant with full seniority. They allege that due to the Camshaft transfers their seniority rights have been and will be improperly diminished. Both Garner and Smith were laid off and at the time of filing their complaint had not been recalled.

According to the plaintiffs, the transfers were made in violation of the Master Agreement and the Plant Closing Agreement. They base this allegation on the following provisions of the Plant Closing Agreement:

RETROACTIVE PAYMENT
Grievance CS-8772 will be considered resolved and will be withdrawn from arbitration on the following conditions:
1. The Dana-UAW Richmond Camshaft Local Supplemental Agreement and the Amending Agreement, which became effective December 8, 1986, is revoked and considered null and void.
[709]*709 PERSONNEL SERVICES AND JOB PLACEMENT
* * * * * *
It is understood that the Richmond Camshaft bargaining unit employees will be covered by the provisions of Article 71 (Transfer Between Plants) for the balance of this agreement and one succeeding Master Agreement.

The Plant Closing Agreement also contained the following introductory language:

The terms and conditions of this agreement will apply to all current Richmond Camshaft bargaining unit employees. The provisions of the current Dana-UAW Master Agreement and its various supplements will continue in full force, except where specifically modified or amended herein.

Plaintiffs claim that the proper interpretation of the retroactive payment provision is that it renders all supplements revoked, including those regarding transfer. Based on the reciprocity of the letters of intent in the two separate supplements, the plaintiffs argue, revoking Letter # 7 and closing the Camshaft plant must render Letter # 4 inoperable as to the Camshaft employees. At that point, plaintiffs argue, transfer would be covered only by Article 71 of the Master Agreement. Dana contends that combining or “dovetailing” the seniority lists of the Camshaft and Ring Plants is appropriate under Letter #4, which Dana asserts was, and is still, in effect.

Plaintiff Garner wrote a letter on September 21, 1988 to Richard Lein, Assistant Director of UAW’s Dana Department, protesting the possible transfer of former Camshaft employees to the Ring facility. Attached to Garner’s letter was a petition signed by 147 Ring employees. Lein wrote to Ron Nickell, President of UAW Local 279, stating that Letter of Intent #4 applied to all layoffs, and not just normal layoffs as Garner had contended. Lein requested that Nickell inform the local union membership of the UAW/Dana Department position on the issue.

On October 10, 1988, two grievances (Grievance No. R88-49 and Grievance No. R88-50) were filed by Ring employees, again challenging . Camshaft employees’ transfer to open jobs in the Ring plant with full seniority. Attached to Grievance No. R88-50 was a petition signed by 106 Ring employees including plaintiffs Garner and Smith. This grievance reached the third level of local review at which point the company stated its position that Letter # 4 allowed the transfers, which position was accepted by Charles Dugger, the International Representative. The grievances were not further appealed, though the plaintiffs allege that they have exhausted their internal union remedies.

Finally, the plaintiffs also claim that because only the Camshaft plant employees, and not Ring plant employees were permitted to vote on the Plant Closing Agreement, their rights under 29 U.S.C. § 411 were violated.

The Union and Dana have moved for summary judgment contending, inter alia, that the plaintiffs failed to bring their action within the period provided by the applicable statute of limitations and that the plaintiffs have failed to exhaust internal union remedies as required by federal labor law.

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800 F. Supp. 706, 138 L.R.R.M. (BNA) 2467, 1991 U.S. Dist. LEXIS 17716, 1991 WL 353845, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garner-v-international-union-united-automobile-aerospace-agricultural-insd-1991.