International Woodworkers v. Georgia-Pacific Corp.

568 F.2d 64, 16 Fair Empl. Prac. Cas. (BNA) 258, 24 Fed. R. Serv. 2d 787, 1977 U.S. App. LEXIS 5593, 15 Empl. Prac. Dec. (CCH) 7981
CourtCourt of Appeals for the Eighth Circuit
DecidedDecember 16, 1977
DocketNo. 77-1308
StatusPublished
Cited by21 cases

This text of 568 F.2d 64 (International Woodworkers v. Georgia-Pacific Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
International Woodworkers v. Georgia-Pacific Corp., 568 F.2d 64, 16 Fair Empl. Prac. Cas. (BNA) 258, 24 Fed. R. Serv. 2d 787, 1977 U.S. App. LEXIS 5593, 15 Empl. Prac. Dec. (CCH) 7981 (8th Cir. 1977).

Opinions

MATTHES, Senior Circuit Judge.

International Woodworkers of America and its Local 5-475 (hereinafter collectively referred to as IWA), which represent workers in appellee Georgia-Pacific’s forestry, chemical, and plywood facilities in Crossett, Arkansas, brought this class action under 42 U.S.C. § 1981 and 42 U.S.C. § 2000e et seq. The complaint asked damages and injunctive relief alleging racially discriminatory employment practices on the part of appellee Georgia-Pacific. The class IWA sought to represent included all black persons presently employed at appellee’s Crossett facilities, as well as those black persons who might gain or seek such employment in the future.

Shortly before IWA filed its complaint, several of its black members filed a class action under 42 U.S.C. § 1981 and 42 U.S.C. § 2000e et seq. on behalf of those black persons who were employed, had been employed, had sought employment, or might seek employment at Georgia-Pacific’s Crossett facilities. Both Georgia-Pacific and IWA were named as defendants and charged with engaging in racially discriminatory employment practices. Before the time for a responsive pleading had elapsed, IWA was voluntarily dismissed as a defendant. The two actions were then consolidated.

Subsequently, Georgia-Pacific moved for a determination that the class be limited to those who were employed, had been employed, had sought employment, and might seek employment at Georgia-Pacific’s plywood operation in Crossett.1 The motion [66]*66for class determination was supported by an affidavit. IWA opposed the motion.

In an unpublished memorandum opinion and order the district court found that IWA could not fairly and adequately represent the class because it had been a defendant in the early stages of the litigation. The district court then limited the class in accordance with Georgia-Pacific’s motion for class determination and named the individual plaintiffs as the class representatives. IWA’s complaint was dismissed on the ground that the class would be better represented by the individual plaintiffs. The district court then “realigned” IWA as a party defendant because of the possible effect that a grant of relief could have on the Georgia-Pacific/IWA collective bargaining agreement.

IWA has appealed from the judgment entered on the district court’s order of dismissal. The primary issue on appeal is whether IWA has standing to maintain an action against Georgia-Pacific seeking remedies for discrimination against the employees IWA represents at Georgia-Pacific’s plywood, chemical, and forestry facilities in Crossett, Arkansas. A subsidiary, but important, question is whether the district court was justified in dismissing IWA’s class claim without taking any evidence regarding the right and capacity of IWA to serve as a Rule 23 class representative. We ■vacate the order dismissing IWA’s complaint and remand the cause for further proceedings.

I

Provided the court has jurisdiction, a litigant’s individual claim survives the determination that he cannot maintain his action as the representative of a class under Fed.R.Civ.P. 23. See Harris v. Palm Springs Alpine Estates, 329 F.2d 909, 913 (9th Cir. 1964); 3B Moore’s Federal Practice ¶ 23.97, at 1951 (2d ed. 1977). In the case at bar, the district court determined that IWA could not fairly and adequately represent the class and then dismissed IWA’s action. But regardless of the requirements of Fed.R.Civ.P. 23,2 unless IWA had no standing to sue in its representative capacity, the district court erred in dismissing IWA’s complaint.

The question of whether an unincorporated association such as IWA has standing to sue as the representative of its members was settled by the Supreme Court in Warth v. Seldin, 422 U.S. 490, 511, 95 S.Ct. 2197, 2211-12, 45 L.Ed.2d 343 (1975):

Even in the absence of injury to itself, an association may have standing solely as the representative of its members. . The association must allege that its members, or any one of them, are suffering immediate or threatened injury as a result of the challenged action of the sort that would make out a justiciable case had the members themselves brought suit, (citations omitted.)

Absent the assignment of the damages claims of its members or the allegation of monetary injury to itself, an association may only seek injunctive or declaratory relief, however. Id. at 515-16, 95 S.Ct. 2197.

The complaint filed by IWA alleges sufficient facts to indicate that its members working in Georgia-Pacific’s plywood, chemical, and forestry facilities have been harmed by the company’s racially discriminatory policies. It is clear that, under Warth, IWA has standing to sue in its representational capacity.

In addition, it appears that there are no legislative limitations on IWA’s standing. Under Title VII, a suit alleging discrimination can be brought by any “person claiming to be aggrieved.” 42 U.S.C. § 2000e-5(a), (e). Labor unions are expressly included in the definition of “person.” 42 U.S.C. § 2000e(a). The EEOC has determined that labor unions may be “persons aggrieved” under the statute and that determination [67]*67has received judicial recognition. International Chemical Workers Union v. Planters Manufacturing Co., 259 F.Supp. 365, 366-68 (N.D.Miss.1966). Moreover, the legislative history of the 1972 amendments to Title VII indicates Congress’ intent that unions have standing to sue as “persons aggrieved.” S.Rep.No.92-A15, 92nd Cong., 1st Sess. 27 n.16, reprinted in U.S. Senate Committee on Labor and Public Welfare, Legislative History of the Equal Employment Opportunity Act of 1972, at 436 (1972).

Finally, policy considerations weigh strongly in favor of affording standing to unions which file suit to end discriminatory employment practices. The financial backing and legal expertise that unions can provide would materially advance the type of private enforcement essential to the effectiveness of Title VII. Local 194, Retail, Wholesale & Department Store Union v. Standard Brands, 540 F.2d 864, 866 (7th Cir. 1976); see IUE v. Westinghouse Electric Corp., 73 F.R.D. 57, 59 (W.D.N.Y.1976).

We conclude that IWA has standing to sue as the representative of its members employed in the forestry, plywood, and chemical facilities of Georgia-Pacific at Crossett, Arkansas, at least insofar as injunctive relief is sought.

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568 F.2d 64, 16 Fair Empl. Prac. Cas. (BNA) 258, 24 Fed. R. Serv. 2d 787, 1977 U.S. App. LEXIS 5593, 15 Empl. Prac. Dec. (CCH) 7981, Counsel Stack Legal Research, https://law.counselstack.com/opinion/international-woodworkers-v-georgia-pacific-corp-ca8-1977.