Hope v. NAT. ALLIANCE, JACKSONVILLE

649 So. 2d 897, 1995 WL 33526
CourtDistrict Court of Appeal of Florida
DecidedJanuary 31, 1995
Docket93-2720
StatusPublished
Cited by12 cases

This text of 649 So. 2d 897 (Hope v. NAT. ALLIANCE, JACKSONVILLE) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hope v. NAT. ALLIANCE, JACKSONVILLE, 649 So. 2d 897, 1995 WL 33526 (Fla. Ct. App. 1995).

Opinion

649 So.2d 897 (1995)

Clifford HOPE, Appellant,
v.
NATIONAL ALLIANCE OF POSTAL AND FEDERAL EMPLOYEES, JACKSONVILLE LOCAL NO. 320, a Labor Organization, Appellee.

No. 93-2720.

District Court of Appeal of Florida, First District.

January 31, 1995.

*898 Barry A. Bobek, Jacksonville, for appellant.

John F. Kattman of Kattman & Eshelman, P.A., Jacksonville, for appellee.

WOLF, Judge.

Clifford Hope appeals from a final summary judgment in favor of the defendant in his defamation action against National Alliance of Postal and Federal Employees (National Alliance). The issue is whether the trial judge erred in granting a summary judgment in favor of the National Alliance because the alleged defamatory statement was made during the course of a grievance procedure and, thus, was absolutely privileged. We affirm.

The appellant is an employee of the United States Postal Service. The appellee is a labor organization which represents the interests of predominantly black employees of the United States Postal Service.[1] The labor organization contacted Postmaster R.L. Hodges, the appellant's supervisor, about its concerns over racial tensions in that division. The labor organization, in response to Hodges' request for the specific racial incidents about which the labor organization was concerned, sent a letter on November 28, 1990. In that letter, the labor organization stated in particular that it was aware of racial tensions *899 in connection with a drive-by shooting for which a former employee, James Reese, had been arrested:

The James Reese case is evident [sic] that there is racial disharmony on the work floor. Mr. Reese was widely known for his flagrant vocal thrashing of blacks in his operation. Even though numerous written complaints had been filed, Mr. Reese was not reprimanded. His friendship with Mr. Jake Trisch and Mr. Clifford Hope allowed him to mistreat black employees. It is also knowledgeable to employees that all three men collaborated in the death of the young black male killed by James Reese. It is also widely known that Mr. Hope is an accessory to murder in that he actually destroyed the murder weapon.

The appellant, Clifford Hope, filed a defamation action against the labor group for the accusation of criminality contained in the letter.[2] The complaint alleged that the statements were false, malicious, defamatory, and libelous per se, and were published in disregard of the harmful affect on the plaintiff's reputation and standing in the community.

The labor organization answered the complaint, setting forth the affirmative defense of privilege, and moved for summary judgment. The appellant opposed the motion for summary judgment, contending that the defamatory statements were neither relative to the collective bargaining agreement nor part of any grievance procedure, and that the designated equal employment opportunity officer for the postal service at Jacksonville was not the postmaster, R.H. Hodges. Following arguments on the motion for summary judgment, the trial court granted summary judgment in favor of the labor organization based on the defense of absolute privilege.

In Bell v. Gellert, 469 So.2d 141 (Fla. 3d DCA 1985), the court found that statements are absolutely privileged if they are (1) contained within the labor grievance complaint, and (2) are relevant for defamation law purposes to the labor grievance complaint. A number of courts have held that the granting of the absolute privilege is necessary to prevent impairment of the national labor policy. See, e.g., General Motors v. Mendicki, 367 F.2d 66 (10th Cir.1966).[3] The Mendicki opinion stated its rationale and holding grounded on federal labor policy as follows:

We think Congress intended that the respective representatives of employer and employee at such conferences and bargaining sessions should feel free to express their respective contentions as to the pertinent facts and the issues involved fully and frankly and to strongly support their positions with respect to the controversy, and employing the words of Mr. Justice Fortas in his dissent in Linn [v. United Plant Guard Workers of America, 383 U.S. 53, 86 S.Ct. 657, 15 L.Ed.2d 582] do so "untrammelled by fear of retribution for strong utterances." Otherwise, the chance for desirable fruitfulness from such conferences and bargaining sessions would be greatly lessened. Moreover, such actions for damages would create irritations between employer and employee, which would tend to impair the chance for a peaceful settlement of labor controversies between employer and employee in the future.

367 F.2d at 71-72.

In Hyles v. Mensing, 849 F.2d 1213 (9th Cir.1988), the ninth circuit stated,

To allow state defamation claims based on statements made in grievance proceedings would weaken the grievance system as a means of industrial self-government. Exposing witnesses to this potential tort liability would inhibit and discourage forthright and sincere testimony and participation in the system. See Hasten v. Phillips Petroleum Co., 640 F.2d 274, 279 (10th Cir.1981) ("[D]amage suits predicated on statements made in the grievance procedures would tend to interfere with frank *900 and strong statements of positions in such proceedings.")

In fact, a number of federal courts have held that not only are matters stated within a grievance procedure absolutely privileged, but also state defamation actions are preempted by section 301 of the Fair Labor Standards Act if they occur in the context of a grievance proceeding. See Durrette v. UGI Corp., 674 F. Supp. 1139 (M.D.Pa. 1987). At least one federal court has stated,

The most obvious element of the defamation claim that would require interpretation of the CBA is the determination of any privilege(s) held by the employer. Only by examining the terms of the grievance procedure within the CBA could a court determine whether the defendants were privileged to make any alleged defamatory statements. As the court faced with a situation analogous to the one at hand noted,
"[i]f the defamation claim were not preempted, the state court would be called upon to determine whether the letter to the union was privileged... . In order to resolve the privilege defense, the state court would have to determine the relative interests of the union, the employer and the employee in such a communication. By permitting a state court to make a ruling of this type would violate the policy of having the federal courts develop a uniform body of federal labor law as it applies to collective bargaining agreements... ."

Furillo v. Dana Corp. Parish Division, 1994 WL 583222 at p. 68 (E.D.Pa. Oct. 21, 1994) (citing Barbe v. Great Atlantic & Pacific Tea Company, 722 F. Supp. 1257, 1261-1262 (D.Md. 1989)).

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649 So. 2d 897, 1995 WL 33526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hope-v-nat-alliance-jacksonville-fladistctapp-1995.