Miller v. Holden

535 F.2d 912, 95 L.R.R.M. (BNA) 2152
CourtCourt of Appeals for the Fifth Circuit
DecidedJuly 23, 1976
DocketNo. 75-1050
StatusPublished
Cited by40 cases

This text of 535 F.2d 912 (Miller v. Holden) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miller v. Holden, 535 F.2d 912, 95 L.R.R.M. (BNA) 2152 (5th Cir. 1976).

Opinion

GEE, Circuit Judge:

Plaintiff’s complaint seeks legal and equitable relief against the impending (since consummated) termination of plaintiff from his employment as Training Coordinator for the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local No. 198 Education Trust (hereinafter “the Trust”). This termination was allegedly in retaliation for plaintiff’s support of an unsuccessful candidate for the office of Business Manager of the local union, an office won by defendant Pearson Holden. The named defendants are the Trust, the local union, four union members (three of whom serve as trustees by virtue of their election by the local union membership), and one management-appointed trustee who allegedly succumbed to pressure to vote in favor of discharging the plaintiff. The complaint asserts that the union’s improper use of influence against the Trust and the trustees’ reaction to that influence represented a violation of 29 U.S.C. §§ 158(a)(1), 158(a)(3), 158(b)(1)(A), and 158(b)(2) (1970) (the National Labor Relations Act claims). The same conduct is characterized as violative of the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C. §§ 411(a)(1), 411(a)(2), and 411(a)(5) (1970) (the Title I, LMRDA, or Landrum-Griffin Act claims). The district court held a hearing on plaintiff’s request for a preliminary injunction. After considering argument and testimony of Pearson Holden further clarifying the relationship between the Trust and the local union, the district court dismissed the complaint for lack of jurisdiction.1 During argument [914]*914before us, plaintiff abandoned his claims against the individual defendants, and we do not consider them. We agree that there is no jurisdiction to hear the claims against plaintiff’s employer, the Trust, but we reverse with respect to two claims against the local union.

At argument, plaintiff properly conceded that the district court lacked jurisdiction to hear any claim arising under the National Labor Relations Act; such claims must be pursued through the National Labor Relations Board. Plaintiff also conceded that the LMRDA does not create a cause of action against an employer or confer federal jurisdiction to hear such a claim.2 However, he contends that the dismissal was premature here because further development of the facts would demonstrate that the Trust is totally controlled and dominated by the local union. The facts before the district court indicate that the Trust is an independent entity, financed by the members of a contractors’ association and created for the training of apprentices. It is managed by ten trustees — five selected by the contractors’ association and five elected by the local union membership. Because there is nothing in the complaint or the evidence before the district court which casts doubt on the independence of the Trust, we affirm the dismissal of the LMRDA claims against the Trust and pretermit consideration of the abstract issue of whether an employer who is merely an alter-ego of a union can be sued under the LMRDA. Even if individual management trustees bowed to union pressure, the Trust has a substantial and separate existence from the union.

Turning to the issue of jurisdiction over the union, the parties have articulated the question for decision in terms of whether the complaint alleges union action within the “otherwise disciplined” phrase in 29 U.S.C. § 411(a)(5)3 or 29 U.S.C. § 529.4 We agree with appellees that the complaint does not allege any activity within the scope of these prohibitions. “Discipline” is not defined by the LMRDA and, as the commentators have uniformly acknowledged, the legislative history of the Act is unenlightening.5 These circumstances make application of the maxim of ejusdem generis particularly appropriate. We therefore construe the general term “discipline” to conform to the essential character of the specifically enumerated types of discipline

[915]*915—fine, expulsion, and suspension. This process causes us to focus on the motivation of the union conduct and the manner in which the penalty is enforced. Union action which adversely affects a member is “discipline” only when (1) it is undertaken under color of the union’s right to control the member’s conduct in order to protect the interests of the union or its membership, and (2) it directly penalizes him in a way which separates him from comparable members in good standing.6

This construction of the statute is implicit in Seeley v. Brotherhood of Painters, 308 F.2d 52 (5th Cir.1962), where we affirmed the dismissal of § 411(a)(5) and § 529 claims. We stated that the punishment suffered by a union member “must have some relation to the plaintiff’s membership in the labor organization” in order to constitute “discipline” under either section. Id. at 59-60. Our opinion today merely clarifies the requisite relation. In particular, it demonstrates that a discharge from employment represents discipline only when the member’s employment status is a function of some internal union status, such as a hiring hall or, conversely, a union blacklist.

Evaluated with this understanding of the statute, the complaint obviously fails to state a claim under § 411(a)(5) or § 529.7 There is no allegation that plaintiff’s union membership has been impaired or that his employment is in any way connected to any status within the union.8

Some circuits, recognizing the distinct purposes behind the substantive protections of § 529 and the procedural protections of § 411(a)(5), have held that the former section employs a broader concept of “discipline” than does the latter section. E. g., Grand Lodge of Int. Ass’n of Machinists v. King, 335 F.2d 340 (9th Cir.), cert. denied, 379 U.S. 920, 85 S.Ct. 274, 13 L.Ed.2d 334 (1964). Our conclusion that this complaint fails to allege “discipline” within the scope of either statute renders it unnecessary to consider the possibility that § 411(a)(5) employs the phrase in a more restrictive sense. But see Wood v. Dennis, 489 F.2d 849, 857-58 (7th Cir.1973) (en banc) (Stevens, J., concurring), cert. denied,

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Bluebook (online)
535 F.2d 912, 95 L.R.R.M. (BNA) 2152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-holden-ca5-1976.