Hardin v. Strickland Transportation Co.

404 F. Supp. 585, 90 L.R.R.M. (BNA) 3159, 1975 U.S. Dist. LEXIS 15398
CourtDistrict Court, E.D. Missouri
DecidedNovember 7, 1975
DocketNo. 73-170C(4)
StatusPublished

This text of 404 F. Supp. 585 (Hardin v. Strickland Transportation Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hardin v. Strickland Transportation Co., 404 F. Supp. 585, 90 L.R.R.M. (BNA) 3159, 1975 U.S. Dist. LEXIS 15398 (E.D. Mo. 1975).

Opinion

[586]*586OPINION

NANGLE, District Judge.

In this action plaintiffs seek actual and punitive damages, as well as injunctive relief, arising out of a claim of conspiracy to breach a collective bargaining agreement. Counts II and III of plaintiffs’ complaint, alleging wrongful discharge of plaintiff Beavers and breaches of duty owed to him as a result of the discharge, were severed from this trial on September 25,1974.

Having tried the case sitting without a jury the Court makes, the following findings of fact and conclusions of law:

FINDINGS OF FACT

1. Each of the plaintiffs is an individual who is or was employed by defendant Strickland Transportation Company, Inc. (“Strickland”) as “Over-The-Road” truck drivers. The plaintiffs were so employed at Strickland’s Little Rock, Arkansas facility since the following dates:

John Hardin July 7, 1961
C. D. DeVault July 15, 1957
Thomas Faith June 22, 1957
O. M. Causbie May 24, 1957
Will D. Jackson April 30, 1957
H. V. Beavers April 5, 1960.

The duties of such drivers consisted of driving company equipment on long hauls in the interstate transportation of goods, wares and merchandise.

2. Defendant Strickland is an interstate common carrier subject to the regulatory provisions of the Interstate Commerce Commission, maintaining terminals and offices in various states, including such locations as Little Rock, Arkansas; Bonne Terre, Missouri; and St. Louis, Missouri.

3. Defendant International Brotherhood of Teamsters, Chauffeurs, Ware-housemen and Helpers of America is a labor organization representing employees in an industry affecting commerce within the Eastern District of Missouri. Its principal office is in Washington, D. C. Defendant International Union has jurisdiction over and within all states of the United States.

4. Defendant Local Union No. 574, an affiliate of defendant International Union, is a labor organization representing employees in an industry affecting commerce within the Eastern District of Missouri.

5. Defendant Local Union No. 574 has jurisdiction to function with respect to drivers domiciled within the Southeastern portion of the State of Missouri.

6. The term “domiciled” in this context refers to the particular facility or terminal out of which the drivers drove on long hauls into the various states.

7. The officers, agents and representatives of Local Union No. 574 are different persons from the officers, agents and representatives of the International Union, each organization electing or appointing its own officers, agents and representatives. The two are separate and distinct labor organizations, each having its own separate autonomy and entity.

8. During all of the period of time that plaintiffs were domiciled at and worked out of their home base in Little Rock, Arkansas, they were members of and represented for collective bargaining purposes by Local Union No. 878, affiliated with defendant International Union. Local Union No. 878 is not a party to this suit.

9. In late 1967 and early 1968, plaintiffs transferred from their domicile in Little Rock, Arkansas, to a new home base in Bonne Terre, Missouri. The Little Rock, Arkansas facility is located within the Southern Conference of Teamsters. By the union security provisions of the collective bargaining agreements of the Southern Conference, plaintiff had been required to be members of Local Union No. 878 while domiciled at Little Rock. The Bonne Terre, Missouri facility is located in the. Central Conference of Teamsters and under similar provisions, plaintiffs were re[587]*587quired, upon transfer, to become members of defendant Local Union No. 574.

10. During all relevant time periods, both when domiciled in Little Rock and in Bonne Terre, plaintiffs’ employment was subject to the terms and provisions of a collective agreement known as the “National Master Freight Agreement”. This master agreement is nationwide in application but is supplemented by other implementing agreements applicable in various sections of the country. When located in Little Rock, Arkansas, plaintiffs ■ worked under the supplement agreement of the Southern Conference of Teamsters. When located in Bonne Terre, plaintiffs were subject to the “Central States Area Over-The-Road Motor Freight Supplemental Agree-' ment”. The Central Conference has jurisdiction over and within the following states:

Michigan Missouri
Ohio North Dakota
Indiana South Dakota
Illinois Nebraska
Wisconsin Kansas
Minnesota Kentucky
Iowa West Virginia

Denver, Colorado

11. The relevant provisions of the National Master Freight Agreement and the Central States Supplement thereto are as follows:

ARTICLE 5.
Section 1. Seniority Rights Seniority rights for employees shall prevail under this Agreement and all Agreements supplemental hereto. Seniority shall only be broken by discharge, voluntary quit, more than a three (3) year lay-off, or for such greater period than three (3) years as a change of operation committee may direct during the third year as provided in Article 8(e) herein, or as provided in any applicable provisions of the Supplemental Agreements. The extent to which seniority shall be applied as well as the methods and procedures of such application shall be clearly set forth in each of the Supplemental Agreements.

Section 5. New Branches, etc.

(a) Opening of new branches, terminals, divisions or operations.
(1) When a new branch, terminal, division or operation is opened (except as. a replacement for existing operations or as a new division in a locality where there are existing operations), the Employer shall offer the opportunity to transfer to regular positions in the new branch, terminal, division or operation in the order of their company or classification seniority, to employees in those branches, terminals, divisions or operations which are affected in whole or in part by the opening of a new branch, terminal, division or operation. This provision is not intended to cover situations where there is replacement of an existing operation or where a new division is opened in a locality where there is an existing terminal. In these latter situations, laid-off or extra employees in the existing facilities shall have first opportunity for employment at the new operation in accordance with their seniority. If all regular full-time positions are not filled in this manner, then the provisions of the above paragraph shall apply.
(2) The transferred employees, other than those referred to in the exception to Section 5(a)(1), above shall for a period of 30 days following the transfer, have an unqualified right to return to their old branch, terminal, division or operation if it is still in existence and carry with them their seniority at that old branch, terminal, division or operation.

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Bluebook (online)
404 F. Supp. 585, 90 L.R.R.M. (BNA) 3159, 1975 U.S. Dist. LEXIS 15398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hardin-v-strickland-transportation-co-moed-1975.