Kamean v. Local 363, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America

109 F.R.D. 391, 125 L.R.R.M. (BNA) 2290, 1986 U.S. Dist. LEXIS 29533
CourtDistrict Court, S.D. New York
DecidedFebruary 7, 1986
DocketNo. 83 Civ. 5125-CLB
StatusPublished
Cited by20 cases

This text of 109 F.R.D. 391 (Kamean v. Local 363, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kamean v. Local 363, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, 109 F.R.D. 391, 125 L.R.R.M. (BNA) 2290, 1986 U.S. Dist. LEXIS 29533 (S.D.N.Y. 1986).

Opinion

MEMORANDUM AND ORDER

BRIEANT, District Judge.

As set forth in their amended complaint dated October 4, 1984 and as subsequently modified by orders of this Court, plaintiffs in this case seek to maintain a class action pursuant to Rule 23, F.R.Civ.P., on behalf of themselves and others similarly situated in order to recover damages and unpaid wages and wage benefits allegedly due them in connection with their employment in certain New York City public works projects. The named plaintiffs, Robert Ra-mean, Ray E. Coffie, and Terrell Williams, are former members of Local 363 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (“Local 363”). They seek to represent a class consisting of all present or past members of Local 363 who allegedly were damaged during the six years identified in the complaint by the acts and practices of all defendants.

Pursuant to § 301 of the Labor Management Relations Act of 1947, 29 U.S.C. § 185, the plaintiffs have brought suit against Local 363, the trustees and administrators of Local 363’s employee benefit trusts, various employers who were parties to the union’s collective bargaining agreement, and certain officers and directors of the union and its employers. Subject matter jurisdiction is founded upon these statutes and upon principles of pendent jurisdiction.

This action had received earlier consideration by this Court in connection with opposing motions for summary judgment. Relying on the recently decided case of Action Electrical Contractors Co. v. Goldin, 64 N.Y.2d 213, 485 N.Y.S.2d 241, 474 N.E.2d 601 (1984) (hereinafter the “Action action”), this Court dismissed all claims premised on the theory that Local 363 employers had undercompensated plaintiffs by making cash payments of wages and/or benefits in lieu of contributions to the union pension fund. The only claims surviving summary judgment were those based on the allegation that the Local 363 employers had miscalculated the wages and [394]*394pension contributions owed, so that the amounts ultimately paid — in whatever form — were less than those actually due.

Accordingly, the following claims of plaintiffs now survive: that, in violation of state and federal law and the parties’ collective bargaining agreement, the employers had undercompensated plaintiffs and the class they purport to represent for work performed on public work projects in New York City; that the union and the pension fund trustees had breached their duty of fair representation and their fiduciary duty, respectively, by failing to take any action to collect these amounts due; and that the union, the employers and the trustees together “conspired” to deprive these employees of their lawful benefits.

In order to obtain the class certification that plaintiffs now seek by motion fully submitted on November 6, 1985, the plaintiffs must demonstrate that each of the four prerequisites set forth in Rule 23(a), F.R.Civ.P., have been satisfied and, in addition, that at least one of the factors described in Rule 23(b) is present. See Eisen v. Carlisle & Jacquelin, 417 U.S. 156, 162-63, 94 S.Ct. 2140, 2145, 40 L.Ed.2d 732 (1974).

First, the plaintiffs must establish that the class they purport to represent is so numerous that joinder of all the aggrieved individuals would be impractical. See Rule 23(a)(1), F.R.Civ.P. In their complaint, the plaintiffs allege that approximately 1,000 other present and former Local 363 members were similarly underpaid, a figure based on their estimate of the number of union members who had worked for Local 363 employers while the disputed payment practices were in effect. Although their supporting affidavits specifically identify only 33 potential class members of the 1,000 alleged, this discrepancy is not fatal to their request for certification, especially when the exact number of affected persons is known to the defendants and therefore could be ascertained by the plaintiffs in the course of discovery. See Folsom v. Blum, 87 F.R.D. 443, 445 (S.D.N.Y.1980); Robertson v. National Basketball Association, 389 F.Supp. 867, 897 (S.D.N.Y.1975). This Court concludes that the numerosity element of Rule 23(a) has been satisfied.

To satisfy the second prerequisite for obtaining class certification under Rule 23(a), the plaintiffs must prove that the dispute presents questions of law or fact that are common to all members of the prospective class. See Rule 23(a)(2), F.R. Civ.P. This does not mean that all issues must be identical as to each member, but it does require that plaintiffs identify some unifying thread among the members’ claims that warrants class treatment. See Blackie v. Barrack, 524 F.2d 891, 902 (9th Cir.1975), cert. denied, 429 U.S. 816, 97 S.Ct. 57, 50 L.Ed.2d 75 (1976); Vulcan Society v. Fire Department of White Plains, 82 F.R.D. 379, 401 (S.D.N.Y.1979).

In this case, the issues presented by the plaintiffs regarding the employers’ methods of calculating their employees’ wages and benefit compensation and the union’s and the trustees’ alleged breach of their fiduciary obligations raise common questions of fact and law sufficient to meet the requirements of Rule 23(a)(2). Each potential class member is or was a member of Local 363; each was employed by a company that had signed a collective bargaining agreement with the union; and each was subject to the same payment practices that plaintiffs now contend were improper. Accordingly, this Court is satisfied that this requirement has been met.

The third prerequisite for maintaining a class action under Rule 23 focuses attention on the individual claims of the representative parties, i.e., the named plaintiffs, to determine whether they are sufficiently typical of those asserted by the remaining class members. See Rule 23(a)(3), F.R.Civ.P. To state this requirement another way, the plaintiffs must show that their interests are aligned with the interests of their fellow class members in order to ensure that each claim will be prosecuted with diligence and care. Morgan v. Laborers Pension Trust Fund of [395]*395Northern California, 81 F.R.D. 669, 677 (N.D.Cal.1979). As applied to these facts, this inquiry substantially overlaps the concerns incorporated into Rule 23(a)(4), i.e., that the plaintiffs demonstrate they will “fairly and adequately protect the interests of the class” they seek to represent. Rule 23(a)(4), F.R.Civ.P. ..

Therefore, in order to maintain this action on behalf of the proposed class, the plaintiffs must demonstrate not only that they share the general interest of the absent class members in recapturing the compensation allegedly due them, but also that they do not possess other, potentially conflicting interests that could impair the faithful performance of their duties as class representatives. See Hansberry v. Lee, 311 U.S. 32, 44, 61 S.Ct. 115, 119, 85 L.Ed. 22 (1940). It is axiomatic that no party can fairly or adequately represent the interests of the absent class, if he is also motivated by interests adverse to the class as a whole. See id. at 45, 61 S.Ct. at 120.

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Bluebook (online)
109 F.R.D. 391, 125 L.R.R.M. (BNA) 2290, 1986 U.S. Dist. LEXIS 29533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kamean-v-local-363-international-brotherhood-of-teamsters-chauffeurs-nysd-1986.