Kirby v. Allegheny Beverage Corp.

811 F.2d 253, 124 L.R.R.M. (BNA) 2745
CourtCourt of Appeals for the Fourth Circuit
DecidedFebruary 9, 1987
DocketNo. 86-3985
StatusPublished
Cited by69 cases

This text of 811 F.2d 253 (Kirby v. Allegheny Beverage Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kirby v. Allegheny Beverage Corp., 811 F.2d 253, 124 L.R.R.M. (BNA) 2745 (4th Cir. 1987).

Opinion

DOUMAR, District Judge:

Shawn Kirby appeals from the District Court ruling that his invasion of privacy claim against his employer is preempted by the Labor Management Relations Act (LMRA), 29 U.S.C. § 185(a). Appellant also contends that the District Court erred in levying Rule 11 sanctions against his attorney. We affirm the holding with respect to preemption; however, we hold that the District Court’s imposition of sanctions was not permissible under the Federal Rules of Civil Procedure.

On July 22, 1985, appellant filed a complaint against the appellees in the Circuit Court of Washington County, Maryland, setting forth five claims, including breach of contract, breach of fiduciary duty, “violation of labor laws,” and invasion of privacy. Kirby alleged that on January 6, 1984, he and another employee were called into the office of James Wilson, the Branch Manager of Allegheny Pepsi. Wilson allegedly accused Kirby of illegal drug abuse, and ordered both men to submit to a search of their persons. Kirby was then asked to submit to a search of his automobile. Kirby claimed that after refusing to submit to the automobile search, he was forced to resign. He alleged that although he requested a union representative at this meeting, he was not allowed to have one present. The complaint also stated that the Local No. 992 of the International

[255]*255Brotherhood of Teamsters (Union) refused to process Kirby’s grievance arising from the incident.

On July 26, 1985, the attorney for the Union wrote to John R. Salvatore, Kirby’s attorney, and informed him that Kirby’s claims were clearly barred by the six-month statute of limitations set forth in Del Costello v. International Brotherhood of Teamsters, 462 U.S. 151, 169, 103 S.Ct. 2281, 2293, 76 L.Ed.2d 476 (1983). The attorney for the Union stated that if the suit was not withdrawn he would have the case removed to federal court, file a motion to dismiss and seek attorney’s fees and costs. Kirby’s counsel took no action.

The Union filed a Petition for Removal of Civil Action on August 8, 1985, in the United States District Court for the District of Maryland. At the same time, the Union filed a Motion to Dismiss the Complaint and for the Imposition of Sanctions.

On September 9, 1985, Kirby dismissed with prejudice his suit against the Union. Two weeks later, Kirby filed with the District Court a Motion to Dismiss with prejudice all claims in his complaint against the remaining defendants, with the exception of the invasion of privacy claim, which he sought to have dismissed without prejudice. The remaining defendants opposed Kirby’s motion only insofar as it sought dismissal of the invasion of privacy claim.

On February 27, 1986, the District Court ruled that Kirby’s invasion of privacy claim set forth in Count V of the complaint was preempted by federal labor law. It dismissed that claim on the ground that it was barred by the six-month statute of limitations. The court also imposed sanctions on Kirby’s attorney, pursuant to Rule 11 of the Federal Rules of Civil Procedure as to the Union and with respect to the four other claims as to the remaining defendants.1 However, the court limited the amount of sanctions to $1,000.

I. Dismissal of the Invasion of Privacy Claim.

The District Court held that appellant's invasion of privacy claim contained in Count V of the complaint was preempted by § 301 of the Labor Management Relations Act, and subject to the six-month statute of limitations under that Act.

Section 301 of the LMRA states:

Suits for violation of contracts between an employer and a labor organization representing employees in an industry affecting commerce ... may be brought in any district court of the United States having jurisdiction of the parties, without respect to the amount in controversy or without regard to the citizenship of the parties.

29 U.S.C. § 185(a).

It is settled law that § 301 preempts any state cause of action for violation of a collective bargaining agreement. See Franchise Tax Board v. Construction Laborers Vacation Trust, 463 U.S. 1, 23, 103 S.Ct. 2841, 2853, 77 L.Ed.2d 420 (1983). “Such suit is purely a creature of federal law, notwithstanding the fact that state law would provide a cause of action in the absence of § 301.” Id. In Allis-Chalmers Corp. v. Lueck, 471 U.S. 202, 105 S.Ct. 1904, 85 L.Ed.2d 206 (1985), the Supreme Court both reaffirmed and broadened this principle, noting that “if the policies that animate § 301 are to be given their proper range ... the preemptive effect of § 301 must extend beyond suits alleging contract violations.” Id. at 210-11, 105 S.Ct. at 1911. The Court explained that “questions relating to what the parties to a labor agreement agreed, and what legal consequences were intended to flow from breaches of that agreement, must be resolved by reference to uniform federal law, whether such questions arise in the context of a suit for breach of contract or in a suit alleging liability in tort.” Id. at 211, 105 S.Ct. at 1911.

[256]*256The issue is whether resolution of appellant’s invasion of privacy claim arising in connection with his employment would have required reference to, and interpretation of, the collective bargaining agreement. We hold that the appellant’s claim is governed by the collective bargaining agreement and is therefore preempted by federal labor law.

Appellant asserts that his privacy was invaded twice. First, appellant contends that his privacy was invaded when he submitted to a search of his person. The District Court reasoned that a determination of that claim would require a decision as to whether the employer could require such a search under the labor contract, and whether the actions of Mr. Wilson, the Branch Manager, were reasonable in light of the contract.

We agree with the Fifth Circuit that the issues presented by the search in this case are “grist for the mill of grievance procedures and arbitration.” Strachan v. Union Oil Co., 768 F.2d 703, 705 (5th Cir. 1985). It is clear from appellant’s own complaint that he could have refused to submit to the search and, if dismissed, could have challenged the action in a grievance proceeding pursuant to the collective bargaining agreement. If the Union had refused to submit the grievance, he could have sued for breach of the duty of fair representation. Vaca v. Sipes, 386 U.S. 171, 87 S.Ct. 903, 17 L.Ed.2d 842 (1967).

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811 F.2d 253, 124 L.R.R.M. (BNA) 2745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kirby-v-allegheny-beverage-corp-ca4-1987.