International Longshoremen's Ass'n, Local Union 1516 v. International Longshoremen's Ass'n

815 F.2d 637, 125 L.R.R.M. (BNA) 2173
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 24, 1987
DocketNo. 86-7553
StatusPublished
Cited by2 cases

This text of 815 F.2d 637 (International Longshoremen's Ass'n, Local Union 1516 v. International Longshoremen's Ass'n) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
International Longshoremen's Ass'n, Local Union 1516 v. International Longshoremen's Ass'n, 815 F.2d 637, 125 L.R.R.M. (BNA) 2173 (11th Cir. 1987).

Opinion

HATCHETT, Circuit Judge:

The International Longshoremen’s Association (ILA) appeals the district court’s decision that ILA acted in violation of its constitution and the district court's imposition of an injunction prohibiting ILA from revoking the charter of one of its locals. We affirm.

FACTS

Appellant, International Longshoremen’s Association, is an international labor organization representing longshoremen and port employees. Appellee, International Longshoremen's Association Local Union 1410-1 (Local 1410-1), is an affiliated local of the ILA representing warehouse workers employed in the Port of Mobile, Alabama. Local 1410, like 1410-1, is also an affiliated local of the ILA representing general longshore workers employed in the Port of Mobile. The ILA constitution is the [639]*639contractual document that governs the relationship between the ILA and its locals.

On October 3, 1984, the president of Local 1410, H. Murray Gardner, wrote the president of the ILA, Thomas W. Gleason, stating that Local 1410-1 had only six members in good standing. The letter also suggested that Local 1410-1 be dissolved pursuant to article 12, section 4 of the ILA constitution, and its members merged with Local 1410.1 Gleason referred Gardner’s letter to the president of the South Atlantic and Gulf Coast District of the ILA, J.H. Raspberry, for comment on the proposed dissolution of Local 1410-1. On November 2, 1984, Raspberry wrote Gleason recommending the merger of Local 1410-1 with Local 1410. Albert L. Walton, president of Local 1410-1, received a copy of Raspberry’s letter from Gleason requesting the local’s view on the merger proposal. Local 1410-1 held a special meeting, adopted a resolution opposing its dissolution and merger, and on or about November 27, 1984, forwarded its resolution to the ILA.

The proposed merger of Local 1410-1 was on the agenda of the ILA executive council meeting of February 23, 1985. At the meeting, Walton argued in opposition to the proposed dissolution and merger. On March 19, 1985, the ILA notified Locals 1410 and 1410-1 that the council, in consideration of “the proposed merger of Locals 1410, 1410-1 ...” and with the approval of the South Atlantic and Gulf Coast District, determined that “Local 1410-1 members are performing in many instances the same work as Local 1410 members.” The council also found that Local 1410-1 was “not functioning as a bona fide trade union since ... it is representing individuals in the same geographic area who are performing the same work as Local 1410 members.”2 The council further stated:

In accordance with article 12, section 4 of the ILA constitution, [Local 1410-1] is to be and the same [is] hereby dissolved and [its charter] is to be and the same [is] hereby revoked effective April 15, 1985, and [Local 1410-1 is] to be merged into Local 1410.

Prior to any action by the ILA, Local 1410-1 filed suit in the Circuit Court of Mobile County requesting injunctive relief to prohibit the ILA from implementing its plan to merge Local 1410-1 with Local 1410. The ILA, pursuant to 28 U.S.C. § 1441, removed the case to the United States District Court for the Southern District of Alabama, Southern Division, possessing original jurisdiction under section 301 of the National Labor Relations Act, 29 U.S.C. § 185. . .

[640]*640The district court found the ILA in violation of its constitution and issued an injunction restraining the ILA (1) from revoking the charter of Local 1410-1 or merging or dissolving the local, (2) from transferring the membership of Local 1410-1 to any other local, (3) from transferring the assets of Local 1410-1 to any other local or to the ILA, or (4) from requiring Local 1410-1 to surrender its charter.

The ILA contends that its determination that the local was inactive was fair and reasonable, and that the district court could not properly substitute its finding that the local was active for the executive council’s finding that the local was inactive.

DISCUSSION

To justify its dissolution decision, the ILA charged that Local 1410-1 was not functioning as a “bona fide trade union” because it represented port workers in the same geographic area who were performing the same work as Local 1410 members. The district court found the ILA’s assertion that the work performed by Local 1410-1 overlapped with that of Local 1410 was unfounded. The district court further found that such a work relationship as existed between the Mobile locals was sanctioned under ILA’s constitution and existed throughout the ILA.

Additionally, the ILA asserted that Local 1410-1 was inactive in the month of February, 1985, because only four warehouse workers were employed during that month. Under article 12, section 4, of the ILA constitution, the executive council may revoke the charter of a local for reasons of “inactiveness” or if the local ceases to function as a “bona fide trade union.” The evidence presented at trial, the certified membership roll of Local 1410-1, indicated twenty-nine active members in November, 1984, and a membership which never dropped below twenty-five members as of the date of trial. This evidence contradicts the ILA’s characterization of Local 1410-1 as inactive and not functioning as a bona fide trade union. Also, the decision rendered by the executive council was not based upon any evidence of Local 1410-1’s inactivity. The submission of such evidence to the executive council occurred over thirteen months after the decision.

Therefore, the key issue in this case is whether the ILA’s characterization of Local 1410-1 during the month of February as inactive and not functioning as a bona fide trade union is reasonable under the terms of its constitution. The ILA constitution does not define “inactive.”

The ILA correctly argues that the courts are generally bound to accept a union’s interpretation of its own constitution, and that we so held in Local 317, Mailhandlers v. National Post Office Mail Handlers, 696 F.2d 1300 (11th Cir.1983). In Mail Handlers, however, we also held that the union’s interpretation must be “fair and reasonable.” Mail Handlers, 696 F.2d at 1302. We note, as did the district court, the ILA’s concession that a general fall off in work available at the Port of Mobile occurred. The ILA failed to show that more warehouse work was available in February, 1985, than the four members of Local 1410-1 could perform or that the members of Local 1410-1 voluntarily chose not to work during such time.

Members of Local 1410-1 performed 517 hours of warehouse work in October, 1984; 655 hours in November, 1984; 847 hours in December, 1984; and 781 hours in January, 1985. In light of this evidence, the ILA appears to have taken completely out of context Local 1410-1’s employment record for the month of February, 1985. Moreover, in the final month of the fiscal year, September, 1985, 12 members of Local 1410-1 performed a total of 848 hours of warehouse work, and members of Local 1410-1 accumulated a total of 6,742.5 hours of warehouse work during the year ending September 30, 1985. The membership in Local 1410-1, as admitted by the ILA, never fell below the twenty-five members in good standing at the time of trial.

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815 F.2d 637, 125 L.R.R.M. (BNA) 2173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/international-longshoremens-assn-local-union-1516-v-international-ca11-1987.