Holmes v. Donovan

984 F.2d 732, 1993 WL 11070
Court of Appeals for the Sixth Circuit·Decided January 25, 1993·No. No. 91-6467·Published·Cited by 24 cases

Opinion

SUHRHEINRICH, Circuit Judge.

This appeal consists of two consolidated actions brought in the Western District of Tennessee involving labor claims against the same union, as well as two of its officers and the Department of Labor.1 Plaintiffs James Holmes and Ervin Bradley appeal the dismissals of their actions as time-barred. Plaintiff John Johnson appeals the [734] district court’s ruling finding that he had failed to exhaust his internal union remedies and failed to allege facts to support his emotional distress claim. For the following reasons, we REVERSE the district court’s application of statute of limitations of the National Labor Relations Act (NLRA), § 10(b), 29 U.S.C. § 160(b) to Bradley’s Labor-Management Reporting and Disclosure Act (LMRDA), § 101(a)(5), 29 U.S.C. § 411(a)(5) claim and REMAND for application of Tenn.Code Ann. § 28-3-104(a)(1). In all other regards, we AFFIRM.

I. FACTS

A.James Holmes

On January 15, 1985, Holmes brought suit against Local 149 of the Bakery, Confectionery and Tobacco Workers Union (Local 149), Business Agent William Anderson, and the Department of Labor. Holmes alleges that, during a celebrity roast in September 1983, Local 149 and William Anderson accepted a “thing of value” from an employer in violation of the Labor-Management Relations Act (LMRA), § 302, 29 U.S.C. § 186.2 Defendants challenged the action as time-barred. Noting that § 302 does not have a correlating statute of limitations, the court borrowed the six-month statute of limitations contained in National Labor Relations Act (NLRA), § 10(b), 29 U.S.C. § 160(b), which expressly governs claims of unfair labor practices under NLRA, § 8, 29 U.S.C. § 158.3 The court dismissed Holmes’s action on March 4, 1988.

B. Ervin Bradley

On March, 21, 1986, Bradley filed suit against Local 149, Anderson, and Union President Robert Holmes, alleging that he was expelled from the union without notice or a hearing as required by the Labor-Management Reporting and Disclosure Act (LMRDA), § 101(a)(5), 29 U.S.C. § 411(a)(5).4 Defendants also challenged this action as time-barred. Because LMRDA § 101 is also without a corresponding statute of limitations, the district court again applied the six-month statute of limitations contained in § 10(b) of the NLRA and dismissed Bradley’s claim.

C. John Johnson

On March 21, 1986, Johnson filed suit against Local 149, Anderson, and Holmes, alleging that the union violated LMRDA § 101 by not allowing him to present certain motions at a meeting of the union’s executive board. Johnson also seeks damages for emotional distress. Upon conclusion of a bench trial, the district court ruled that Johnson’s claim was barred because he had failed to exhaust internal union procedures before filing suit. The court also held that he had failed to show any physical manifestation of emotional distress upon which to award damages.

[735] D. Issues on Appeal

Collectively, plaintiffs raise the following four issues:

(1) whether the district court erred by applying the six-month statute of limitations to Holmes’s LMRA § 302 claim rather than applying a state statute of limitations;
(2) whether the district court erred by applying the six-month statute of limitations to Bradley’s LMRDA § 101(a)(5) claim rather than Tennessee's statute of limitations for personal injury actions;
(3) whether the district court erred in holding that Johnson’s claim was barred because he had failed to exhaust internal union procedures; and
(4) whether the district court erred in holding that Johnson was not entitled to damages for emotional distress.

II. STANDARDS OF REVIEW

Selection of an appropriate statute of limitations is a conclusion of law which we review de novo. Farber v. Massillon Bd. of Educ., 917 F.2d 1391, 1399-1400 (6th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 2851, 115 L.Ed.2d 1019 (1991). See Taylor and Gaskin, Inc. v. Chris-Craft Indus., 732 F.2d 1273, 1277 (6th Cir.1984) (conclusions of law reviewed de novo).

As to Johnson’s bench trial judgment, we review findings of fact under the clearly erroneous standard; conclusions of law are reviewed de novo. Fed.R.Civ.P. 52(a); Anderson v. Bessemer City, 470 U.S. 564, 573, 105 S.Ct. 1504, 1511, 84 L.Ed.2d 518 (1985); In re Edward M. Johnson & Assocs., Inc., 845 F.2d 1395, 1398 (6th Cir.1988); Dayton Power & Light Co. v. FERC, 843 F.2d 947, 954 (6th Cir.1988); Lancaster Glass Corp. v. Phillips ECG, Inc., 835 F.2d 652, 658 (6th Cir.1987).

III. ANALYSIS

A. The Statute of Limitations for Section 302

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Holmes v. Donovan, 984 F.2d 732, 1993 WL 11070 (6th Cir. 1993).

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