Martinez v. International Brotherhood of Electrical Workers

352 F. App'x 737
CourtCourt of Appeals for the Third Circuit
DecidedNovember 19, 2009
StatusPublished

This text of 352 F. App'x 737 (Martinez v. International Brotherhood of Electrical Workers) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martinez v. International Brotherhood of Electrical Workers, 352 F. App'x 737 (3d Cir. 2009).

Opinion

OPINION

PER CURIAM.

Aristides Martinez, proceeding pro se, appeals the District Court’s order granting summary judgment in favor of International Brotherhood of Electrical WorkersIBEW Local Union No. 98 (“the Union”). For the reasons discussed below, we will affirm.

I.

Martinez, a self-described “Hispanic American man born in Bogota, Colombia,” was a member of the Union during his employment as a video editor at WTXF29, a Fox Television station in Philadelphia. He was sixty-four years-old when WTXF29 hired him in 1996. In July 2003, Martinez received a written warning for poor job performance, and he received a second written warning in September 2003 for a number of job errors. WTXF29 issued a third performance warning in November 2003 and a “last and final” warning in February 2004 for an unexcused failure to come to work on Super Bowl Sunday. Each document warned that his poor performance could result in termination.

Following the July 2003 warning, Martinez met with the Union’s business agent, Larry DelSpechio, to discuss the warning and Martinez’s concerns about staff and management. DelSpechio advocated informally for Martinez with management, but did not file a grievance. Martinez wrote to DelSpechio again after he received the November 2003 warning to express his version of events and his belief that the Union was required to protect him from false [739]*739accusations. DelSpechio again met with Martinez and management, but did not file a grievance.

WTXF29 suspended Martinez in April 2004 after he verbally abused a co-worker; he refused to participate in the subsequent investigation. On May 4, 2004, WTXF29 fired Martinez. The Union filed a grievance two days later, which WTXF29 rejected. The Union did not pursue arbitration under the collective bargaining agreement based on its determination that WTXF29 properly fired Martinez for cause and that the Union could not prevail at arbitration.

Martinez alleges that he was subjected to “hostility, resentment, and contempt” and harassment from fellow Union members because of his age and ethnicity. He complained in writing to both WTXF29 and the Union about one co-worker in particular, Jamal Northern. The Union dismissed the complaint. Martinez filed complaints against WTXF29 with the Equal Employment Opportunity Commission and the Pennsylvania Human Relations Commission. The record does not show that Martinez pursued any action against the Union prior to filing suit.

Martinez filed this complaint in October 2006, alleging that the Union provided only minimal representation during the investigation that followed his suspension and did not pursue his case through arbitration. He claims that the Union discriminated against him on the basis of age and national origin, in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 626, and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(c), respectively. He further claims that such discrimination violates the Pennsylvania Human Relations Act (PHRA), 48 Pa. Const. Stat. §§ 951-963. Martinez filed an amended complainant in November 2007, adding claims under the Labor-Management Reporting and Disclosure Act (LMRDA), 29 U.S.C. §§ 401-531, and § 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185. The Union filed a motion for summary judgment, which the District Court granted on May 27, 2009. Martinez filed a timely notice of appeal.

II.

We have appellate jurisdiction pursuant to 28 U.S.C. § 1291. In reviewing a District Court order granting of summary judgment, we apply the same test that the District Court applied. Saldana v. Kmart Corp., 260 F.3d 228, 231 (3d Cir.2001). Summary judgment is proper when, viewing the evidence in the light most favorable to the non-moving party and drawing all inferences in that party’s favor, there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Id. at 232; Fed.R.Civ.P. 56(c). The party opposing summary judgment “may not rest upon the mere allegations or denials of the ... pleading,” but “must set forth specific facts showing that there is a genuine issue for trial.” Saldana, 260 F.3d at 232 (citing Fed.R.Civ.P. 56(e); Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986)).

III.

A. LMRDA and LMRA Claims

The District Court dismissed Martinez’s LMRDA and LMRA claims because he did not exhaust internal remedies. Union members are required to exhaust the grievance and arbitration remedies contained in a collective bargaining agreement prior to filing suit under the LMRA. Anjelino v. New York Times Co., 200 F.3d 73, 99 (3d Cir.1999); Angst v. Mack Trucks, Inc., 969 F.2d 1530, 1538 (3d Cir.1992). [740]*740Claims brought pursuant to the LMRDA are properly dismissed where the claimant “cannot demonstrate a ‘valid reason’ for failing to exhaust internal procedures.” Anjelino, 200 F.3d at 99 (quoting Pawlak v. Greenawalt, 628 F.2d 826, 830-31 (3d Cir.1980)). Because Martinez has not demonstrated that he exhausted the Union’s internal grievance procedures prior to filing his complaint, we will affirm the dismissal of these claims.

B. Title VII, ADEA, and PHRA Claims

The District Court concluded that Martinez made insufficient showings to defeat summary judgment on his claims under Title VII, the ADEA, and the PHRA. Martinez claims that the Union: 1) knew of and failed to intervene when WTXF29 discriminated against him; 2) discriminated against him when it handled its representation of him differently from its representation of other Union members; and 3) failed to protect him from harassment and discriminatory conduct from other Union members.

Under Title VII, a Union is barred from discriminating against its members based on race, color, religion, sex, or national origin. 42 U.S.C. § 2000e-2(c); see also Anjelino, 200 F.3d at 95-96 (a union may be held liable if it “instigated or actively supported” the discrimination). Both the ADEA, 29 U.S.C.

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Bluebook (online)
352 F. App'x 737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martinez-v-international-brotherhood-of-electrical-workers-ca3-2009.