Hackett v. Reynolds & Co.

577 F.2d 948
CourtCourt of Appeals for the Fifth Circuit
DecidedAugust 4, 1978
DocketNo. 76-3498
StatusPublished
Cited by3 cases

This text of 577 F.2d 948 (Hackett v. Reynolds & Co.) 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
Hackett v. Reynolds & Co., 577 F.2d 948 (5th Cir. 1978).

Opinion

VANCE, Circuit Judge.

This class action was brought by five female employees of Foote & Davies Division of McCall Corporation against the company, the International Brotherhood of Bookbinders (now Graphic Arts International Union, hereinafter “International”),1 and Atlanta Bookbinders’ and Binderywomen’s Union Local 96 (now Graphic Arts International Union Local 96B, hereinafter “Local”). Suit was brought originally under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. By amendment plaintiffs alleged violations of the Equal Pay Act of 1963, 29 U.S.C. § 206(d), and of the union’s duty of fair representation.

On April 25, 1975, the district court granted International’s motions for summary judgment as to the original complaint and as to the 1972-74 collective bargaining agreement. On February 10, 1976 summary judgment was granted in the International’s favor on the amended complaint. Final judgment in favor of the International was entered on June 25, 1976.

This appeal by the female employees turns on whether the International has a responsibility and duty to eliminate discriminatory practices arising from a collective bargaining agreement under facts unlike those with which this court usually has been confronted.

LIABILITY UNDER TITLE VII AND EQUAL PAY ACT

In granting International’s motion for summary judgment of the Title VII claim, the district court noted that its potential liability must be predicated on the collective bargaining agreements.2 It found that there was no genuine issue of material fact as to the International’s relationship with the Local or as to the International’s lack of any responsibility for the collective bargaining agreements. From uncontroverted affidavits and exhibits the district court found that the president of the Local conducted all of the negotiations leading up to the execution of the relevant agreements, that the International did not participate in the negotiations, and that the International refused to sign the agreements because they violated the International’s policy of limiting working hours to 37.5 hours per week.3 The district court stated:

Absent some other controlling factor, given the lack of control over the negotiation of the collective bargaining agree[945]*945ments alleged to be violative of Title VII, and given the fact that the International was not a party to the agreements, the International may not be held liable for the discriminatory provisions of those agreements. See Herrera v. Yellow Freight System, Inc., 505 F.2d 66, 68 n. 2 (5th Cir. 1974); Resendis v. Lee Way Motor Freight, Inc., 505 F.2d 69, 71 n. 2 (5th Cir. 1974).

Since the claimed Equal Pay Act violations are also tied to the provisions of the collective bargaining agreement, the district court again noted:

[The] plaintiffs have failed to produce any evidence tending to show participation in or authorization of negotiations leading to the purportedly discriminatory collective bargaining agreement . . .

Consequently, partial summary judgment on that issue was also granted.

Appellants argue that the International, “should and must assume some degree of responsibility for violations of Title VII by one of its locals, should such violations be proven at trial,” and that, “an international has an affirmative duty to correct discriminatory practices by one of its locals.”

To support these statements appellants point to our opinions in Myers v. Gilman Paper Corp., 544 F.2d 837 (5th Cir. 1977), modified on rehearing, 556 F.2d 758 (5th Cir. 1977), cert. dismissed, 434 U.S. 801, 98 S.Ct. 28, 54 L.Ed.2d 59 (1977); in Sagers v. Yellow Freight System, Inc., 529 F.2d 721 (5th Cir. 1976) and to the fourth circuit’s opinion in Patterson v. American Tobacco Co., 535 F.2d 257 (4th Cir. 1976), which was expressly approved by this court in Myers. In what probably would be a more usual factual context appellants’ argument is valid. This is not to say, however, that is in invariably so. The precedents on which appellants rely do not sanction our blanket imposition of an affirmative duty on international unions to police their locals to insure nondiscrimination — an undertaking which on occasion may be beyond their capacity.

As a general proposition, however, international labor unions must bear a heavy responsibility in giving effect to the remedial provisions of both Title VII and the Equal Pay Act. International unions, along with regional and local unions, may incur liability for discriminatory effects of contract provisions found in collective bargaining agreements. In Myers this court said that, “[l]abor organizations, as well as employers have an affirmative duty to take corrective steps to prevent the perpetuation of past discrimination.” Myers, supra at 850. But that duty is not absolute under all circumstances. In a situation such as is now before the court, it is based on the relationship between the international and the local and the amount and type of involvement which the international has with the collective bargaining agreement. In Myers we also held: “There must be a ‘sufficient connection’ between the labor organization and the discriminatory practice to render the organization liable.” Id. at 851. Whether the international union is or is not liable depends on the circumstances of each situation.

In Sagers v. Yellow Freight System, Inc., supra at 737, the court stated:

[T]he record before us in the instant case clearly establishes that the connection between the International and the contracts in issue was sufficient to hold the International liable long with the regional and local unions.

In that case the contracts governing all teamster locals were negotiated by a national negotiating committee.

The obvious influence of the International on the National Negotiating Committee, and thus, indirectly, on the negotiation of the National and supplemental agreements, is clear from the record. Id.

The international union’s liability in Patterson v. American Tobacco Company, supra, was based on the fact that an international vice president acted as an “advisor” to the local in its negotiations and the international approved the resulting collective bargaining agreement.

[946]*946The “sufficient connection” between the labor organization and the discriminatory practice found in Myers

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