Mamula v. United Steelworkers

200 A.2d 306, 414 Pa. 294, 1964 Pa. LEXIS 557, 55 L.R.R.M. (BNA) 2707
CourtSupreme Court of Pennsylvania
DecidedMarch 17, 1964
DocketAppeal, 31
StatusPublished
Cited by7 cases

This text of 200 A.2d 306 (Mamula v. United Steelworkers) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mamula v. United Steelworkers, 200 A.2d 306, 414 Pa. 294, 1964 Pa. LEXIS 557, 55 L.R.R.M. (BNA) 2707 (Pa. 1964).

Opinions

Opinion by

Mr. Justice Cohen,

This is an appeal from the decree entered below dismissing appellant’s amended complaint for failure to exhaust internal union remedies. Appellees are the United Steelworkers of America (International Union), Local 1211 of the United Steelworkers of America (Local Union), and various officers of Local Union.

It appears from the amended complaint that appellant formerly held the office of president in Local Union. In 1961, charges of misconduct were brought against him and after a hearing by a trial committee of Local Union, these charges were sustained and it was recommended that appellant be removed from office, fined $2,000, and be suspended from union membership until the fine was paid. When these recom[296]*296mendations were approved by the membership of Local Union, appellant appealed to the Executive Board of the International Union in accordance with the procedure prescribed in the International Constitution.

The Executive Board on January 20, 1962, reversed appellant’s suspension from union membership and remitted the $2,000 fine, but affirmed appellant’s removal from office. In addition, the board stated that appellant should not be eligible to hold office for five years nor until he repaid $1,081.99, the amount of expense allegedly caused by his misconduct. Once this amount was tendered, however, the Board left open the possibility of decreasing the period of disqualification from office. Although the International Constitution permitted a final appeal to the International Convention of the Union which was scheduled to convene in September, 1962, appellant did not invoke this internal procedure but instead instituted the present suit complaining solely of his ineligibility to hold union office.1 We hold that the court below correctly dismissed this action for failure of appellant to exhaust his internal union remedies.

In Falsetti v. Local Union No. 2026, United Mine Workers of America, 400 Pa. 145, 161 A. 2d 882 (1960), we examined at length the basis and rationale for the general rule that a member of an unincorporated association must first exhaust his available internal remedies before seeking judicial relief. We concluded that such a rule not only benefits the association by promot[297]*297ing autonomy and internal democracy, but also aids the judicial process by settling grievances internally and, where not settled internally, by supplying our courts with the considered judgment of the association tribunals. At the same time, we sought in Falsetti to protect the rights of the grievant member by establishing certain limited exceptions to the exhaustion rule where, for example, the available remedies are illusory or resort to them would be futile or unreasonably burdensome. The experience since Falsetti has not indicated any necessity for reexamining the general principles therein set forth.

In attempting to justify his failure to appeal to the International Convention, appellant makes two contentions : (1) the general exhaustion rule is inapplicable because appeal to the Convention would have been futile and unreasonably burdensome; and (2) even if the rule is applicable, it has been modified by §101 (a) (4) of the Landrum-Griffin Act.

With regard to the first contention, appellant’s complaint alleges that the disciplinary action of Local Union was directed by the international officers who are biased against him and thus further appeal would have been “illusory, futile and vain and would only afford said international union defendant opportunity for further delaying plaintiff’s rights and remedies.” We held in Falsetti that the grievant member must set forth facts in his complaint to support the allegation that there exists an exception to the exhaustion rule. See also Wax v. Internationl Mailers Union, 400 Pa. 173, 161 A. 2d 603 (1960). Not only has appellant failed to do this, but the admitted facts belie his contention that the bias of the international officers made an appeal to the International Convention futile.

In the first place, we have seen that appellant’s appeal to the Executive Board of the International Union resulted in a reversal of his suspension from union [298]*298membership and a remittance of the $2,000 fine. This fact casts considerable donbt on appellant’s assertion that the internal appellate tribunals were prejudged against him. Secondly, it appears that the international officers constituted a very small percentage of the membership at the International Convention.2 Hence even if the international officers were biased against appellant, it does not necessarily follow that the Convention would have denied him a fair hearing. See Kopke v. Ranney, 16 Wis. 2d 369, 114 N.W. 2d 485, 488 (1962).

Appellant argues that the exhaustion rule is also inapplicable because it would have been unreasonably burdensome for him to appeal to the International Convention in view of the eight-month delay between the decision of the Executive Board (January, 1962) and the meeting of the Convention (September, 1962). As we indicated in Falsetti, a grievant member need not as a general matter appeal to an International Convention which does not convene for several years. However, a two or three-step appellate procedure is not per se unduly burdensome, nor is it possible to set forth for all situations a time limit beyond which exhaustion of internal remedies will not be demanded. Rather, an examination must be made of the special factors in each case, especially the possible prejudice caused to the grievant member from the delay in internal appellate procedures.

Applying this test to the instant case, we find that here the eight-month time period was not unreasonably burdensome. It must be remembered that the Executive Board reinstated appellant to union membership and hence there was no loss of possible employment opportunities during this period. With regard to ap[299]*299pellant’s ineligibility to hold union office, it appears that another election did not take place until sometime in 1963,3 well after the meeting of the International Convention. Thus no apparent harm would have resulted to appellant from insistence on an appeal to the International Convention.4 Particularly is this so since the right appellant seeks to protect is his right to be a candidate for office — a right not protected by the “Bill of Bights of Members of Labor Organizations”, 29 U.S.C. §§411-415. We conclude, therefore, that none of the exceptions set forth in Falsetti are here applicable.

Our determination here does not mean we fail to recognize that in many instances an appeal to the International Convention is so illusory that it would be futile and unreasonably burdensome to require resort to Convention action prior to instituting suit. In fact, the whole appellate procedure of some unions is subject to the indictment of being illusory. Indeed, some new internal facility is required in some union discipline procedure — such as a public review board — which would have final jurisdiction to hear appeals from the decisions of the union. Such a board would be extremely helpful to unions, their members and the courts, and would dissipate the overtones of bias that permeates some union disciplinary action. See 73 Yale L.J. 472 (1964).

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Mamula v. United Steelworkers
200 A.2d 306 (Supreme Court of Pennsylvania, 1964)

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200 A.2d 306, 414 Pa. 294, 1964 Pa. LEXIS 557, 55 L.R.R.M. (BNA) 2707, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mamula-v-united-steelworkers-pa-1964.