James Sams and Jimmie Orr v. United Food & Commercial Workers International Union, Afl-Cio, Clc

866 F.2d 1380, 12 Fed. R. Serv. 3d 1347, 4 I.E.R. Cas. (BNA) 466, 130 L.R.R.M. (BNA) 2805, 1989 U.S. App. LEXIS 2362, 1989 WL 11212
CourtCourt of Appeals for the Eleventh Circuit
DecidedMarch 2, 1989
Docket88-8242
StatusPublished
Cited by54 cases

This text of 866 F.2d 1380 (James Sams and Jimmie Orr v. United Food & Commercial Workers International Union, Afl-Cio, Clc) 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
James Sams and Jimmie Orr v. United Food & Commercial Workers International Union, Afl-Cio, Clc, 866 F.2d 1380, 12 Fed. R. Serv. 3d 1347, 4 I.E.R. Cas. (BNA) 466, 130 L.R.R.M. (BNA) 2805, 1989 U.S. App. LEXIS 2362, 1989 WL 11212 (11th Cir. 1989).

Opinions

NICHOLS, Senior Circuit Judge:

James Sams and Jimmie Orr appeal from the judgment of the United States District Court for the Southern District of Georgia (Alaimo, C.J.), Sams v. United Food & Commercial Workers International Union, 681 F.Supp. 1575 (S.D.Ga.1988), granting defendant’s motion for summary judgment and dismissing Sams’ and Orr’s claims. We reverse and remand.

I. Background

Appellants James Sams and Jimmie Orr are members of the United Food and Commercial Workers International Union and its Local Nos. 442 and 433 (the Union), the defendant in this case. On May 17th, 1984, a vegetable oil bleaching tank exploded at the Hunt-Wesson Foods, Inc. (Hunt-Wesson) oil refinery in Savannah, Georgia, where appellants were employed. Sams and Orr were severely burned as a result of the explosion. Twenty-three months after this industrial accident occurred, Sams and Orr each filed a complaint seeking recovery from the Union, among other defendants. Orr’s originally filed complaint and Sams’ second amended complaint both state:

CAUSES OF ACTION

COUNT ONE

BREACH OF DUTY OF CARE BY UNIONS

* * * * * *

21.

Defendants INTERNATIONAL UNION and LOCAL UNION # 433 and LOCAL UNION # 442 [the Union] had the duty and/or by and through the actions of their employees, officers and agents affirmatively undertook the duty to:

(a) ensure that Plaintiff’s workplace was safe; and/or
* * * * * #
(g) ensure that all safety appliances are constructed in a safe and proper manner by competent mechanics and helpers.

22.

In committing the actions complained of herein, Defendants INTERNATIONAL UNION and LOCAL UNION # 442 and LOCAL UNION #433 negligently and/or willfully breached the above described duties of care owed by them to Plaintiff for which Plaintiff may recovery [sic] general, special and exemplary damages under Georgia law.

The Union took the position that the claims were preempted by the federal labor laws, and it filed petitions to remove both Sams’ and Orr’s actions to federal court. The two cases were removed to the District Court for the Southern District of Georgia, and the Union moved for summary judgment in each case on the basis that the claims were barred by the statute of limitations. In urging summary judgment, the Union argued that the asserted claims were hybrid section 301/fair representation claims. That is, the claims were based in part on a breach of the collective-bargaining agreement between the Union and the employer, actionable under section 301 of the Labor Management Relations Act, 29 U.S.C. § 185, and in part on a breach of the Union’s duty of fair representation which is a duty implied by the overall scheme of the National Labor Relations Act (NLRA). [1382]*1382DelCostello v. International Brotherhood of Teamsters, 462 U.S. 151, 164, 103 S.Ct. 2281, 2291, 76 L.Ed.2d 476 (1983). The statute of limitations applicable to hybrid section 301/fair representation claims is borrowed from section 10(b) of the NLRA, 29 U.S.C. § 160(b), which provides six months in which to challenge unfair labor practices. DelCostello, supra. Accordingly, if the claims are properly characterized as hybrid section 301/fair representation claims, they are barred by the six-month limitations period.

Quite similar claims were held in International Brotherhood of Electrical Workers v. Hechler, 481 U.S. 851, 107 S.Ct. 2161, 95 L.Ed.2d 791 (1987) (Hechler II), to lie under section 301 and to preempt state tort law. On the remand, Hechler v. International Brotherhood of Electrical Workers, 834 F.2d 942 (11th Cir.1987) {Hechler III), they were held subject not to the six-month period, but to the Florida state six-year period for contract actions.

In the present case, the appellants opposed summary judgment, arguing that their claims were not hybrid section 301/fair representation claims subject to the six-month limitations period. They point to the language of the collective-bargaining agreement, which provides, inter alia, that “[a]ll safety appliances shall be constructed in a safe and proper manner by competent mechanics and helpers,” and they further allege that the Union had a duty to “ensure that Plaintiffs workplace was safe.” Sams’ Complaint at If 21; Orr’s Complaint at 1121. Sams and Orr claim that the Union assumed and breached these duties, and that they are entitled to recover in tort as third-party beneficiaries of the duties. Appellants view their claims not as hybrid claims, but as claims predicated solely on section 301 which governs “[sjuits for violation of contracts between an employer and a labor organization.”

The district court held that the claims were neither hybrid section 301/fair representation claims nor straight section 301 claims. Rather, the district court held that the claims were hybrids of a straight section 301 claim and a hybrid section 301/fair representation claim. The district court calls this new category of claim a “quarter-crossed” claim. Quarter-crossed claims, the district court held, are governed by the same six-month statute of limitations as hybrid section 301/fair representation claims. Accordingly, the claims were dismissed as barred by the six-month statute of limitations.

II. Issue

Whether the claims are barred by the statute of limitations.

There being no disputed issues of material fact, the issue presents a question of law over which this court has plenary review. Simon v. Kroger Co., 743 F.2d 1544, 1546 (11th Cir.1984), cert. denied, 471 U.S. 1075, 105 S.Ct. 2155, 85 L.Ed.2d 511 (1985).

III. Discussion

The plaintiffs in this case came into the district court alleging that: the Union owed a contractual duty to plaintiffs to insure a safe workplace, the safety provisions of the collective-bargaining agreement were in ostensible fulfillment of that duty, the Union breached its duty, and the breach caused damage. Based upon these allegations, Sams and Orr assert that they are entitled to recovery against the Union for tortious breach of contract. The controversy in this case centers upon the source from which the Union’s alleged duties arose. Depending upon the source of the duties, different limitations periods apply.

The duties at issue are ones which would require the Union to insure a safe workplace and to insure the safe construction of safety appliances. The common law places the duty to provide a safe workplace on an employer, not on a union.

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866 F.2d 1380, 12 Fed. R. Serv. 3d 1347, 4 I.E.R. Cas. (BNA) 466, 130 L.R.R.M. (BNA) 2805, 1989 U.S. App. LEXIS 2362, 1989 WL 11212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-sams-and-jimmie-orr-v-united-food-commercial-workers-international-ca11-1989.