NEW ORLEANS ELECTRICAL JOINT APPRENT. AND TRAINING COMMITTEE v. Crawford

986 So. 2d 146, 7 La.App. 5 Cir. 964, 2008 La. App. LEXIS 800, 2008 WL 2190831
CourtLouisiana Court of Appeal
DecidedMay 27, 2008
Docket07-CA-964
StatusPublished
Cited by1 cases

This text of 986 So. 2d 146 (NEW ORLEANS ELECTRICAL JOINT APPRENT. AND TRAINING COMMITTEE v. Crawford) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
NEW ORLEANS ELECTRICAL JOINT APPRENT. AND TRAINING COMMITTEE v. Crawford, 986 So. 2d 146, 7 La.App. 5 Cir. 964, 2008 La. App. LEXIS 800, 2008 WL 2190831 (La. Ct. App. 2008).

Opinion

986 So.2d 146 (2008)

NEW ORLEANS ELECTRICAL JOINT APPRENTICESHIP AND TRAINING COMMITTEE
v.
Ethan CRAWFORD.

No. 07-CA-964.

Court of Appeal of Louisiana, Fifth Circuit.

May 27, 2008.

Julie Richard-Spencer, Attorney at Law, Metairie, LA, for Plaintiff/Appellee.

Willard J. Brown, Sr., Attorney at Law, New Orleans, LA, for Defendant/Appellant.

Panel composed of Judges MARION F. EDWARDS, CLARENCE E. McMANUS, and GREG G. GUIDRY.

MARION F. EDWARDS, Judge.

The matter before us in this appeal involves a dispute between plaintiff/appellee, New Orleans Electrical Joint Apprenticeship *147 and Training Committee ("Committee"), and defendant/appellant, Ethan Crawford ("Crawford"), who was a participant in the Journeyman program administered by the Committee. It is a suit for breach of contract against Crawford for failure to meet the requirements of the program, causing notes executed by Crawford for student loans to become due and payable. For reasons that follow, we affirm.

The Committee is an unincorporated association established in Jefferson Parish. The Committee is sponsored by Local Union # 130 of the International Brotherhood of Electrical Workers and the South Louisiana Chapter, Inc. of the National Electrical Contractors Association. The program was instituted to provide training for qualified individuals to learn the trade of electrician.

The rules governing electrical apprentices provide that the apprentice is bound by a legal indenture agreement to serve for a specific term with a view of learning an art or trade. The Committee is the authority which oversees the apprenticeship program for training of eligible candidates, and also provides loans to apprentices for training, with the understanding that the apprentice will meet certain obligations. The stated purpose of the program is to train a participant to become a qualified journeyman.[1]

Crawford was a participant in this program and executed an Apprentice Agreement in which he agreed to terms of 8000 hours/five-year minimum apprenticeship, and 180 hours of related instruction per year. To pay for the training, Crawford executed five Apprentice Scholarship Loan Agreements dating from May of 1996 until September of 2000, for a total amount of $6,690. By the terms of the agreement, Crawford was to complete the five-year training, and thereafter, to work for an employer in the electrical industry that was affiliated with the program. Crawford was to receive a credit applied to his debt for each "journeyman working year" with one or more employers who are obligated to make contributions on the apprentice's behalf to the Committee. If Crawford worked for a contributing employer for the five years, his debt would be extinguished completely.

The original lawsuit was filed against Crawford for breach of the agreement in December of 2001. In the petition, the Committee alleged that Crawford breached his agreement by not completing his fifth year of training, and by becoming employed by an employer in the electrical industry that is not a contributor to the program.

In his answer and reconventional demand, Crawford admitted he did not complete the fifth year of training. Crawford asserts the Committee granted him a leave of absence. However, the Committee refused to grant an extension of the leave of absence, causing an improper termination of his indenture agreement on the basis of non-compliance.

The matter was set for trial. However, before the trial date, Crawford filed a notice of removal to Federal Court on November 29, 2004. In Federal Court, Crawford alleged his federally protected rights under the Civil Rights Act, the Family Medical Leave Act of 1993, and the Fair Labor Standard Act were at issue in the dispute, based on the claims made in his reconventional demand. The Committee filed a counter-motion to remand the matter *148 back to the State Court which was granted by the Federal Court on January 31, 2005.

After a trial on the merits in State Court, the trial court rendered a judgment on May 6, 2005 in favor of the Committee, awarding the amount of the unpaid scholarship loan, $6,690 plus interest, costs and attorney's fees. Crawford filed a pro se motion for appeal from that judgment. The motion was granted and bond was set at $9,198.75 on June 1, 2005.[2] Crawford sought an extension of time to obtain the bond on July 18, 2005. On July 21, 2005, the trial court granted the motion and gave Crawford an extension until September 12, 2005. However, before that deadline, Hurricane Katrina struck the area, and it does not appear the bond was posted. On May 2, 2006, Crawford filed a pro se motion asking for an extension of the appeal process for six months. The Committee opposed that motion. The trial court granted the motion on May 2, 2006 extending the appeal process until November 3, 2006.[3]

Crawford filed a pro se motion for a new trial, which was denied by the trial court. Crawford also filed a second pro se motion raising the same issues which appears to be a request for nullification of the judgment on the merits. That motion was also denied. No appeals were taken from either of these two judgments.

Although the procedural history of this matter has been complicated by the fact that Crawford appeared in proper person in the trial court, and delays due to Hurricane Katrina have caused a disruption in the process, it appears that Crawford's appeal of the judgment on the merits has never been dismissed and is still viable. Accordingly, we will address the issues presented by the appeal as they relate to the May 6, 2005 judgment.

At the trial on the merits, the court heard testimony from Mortimer Branighan, Jr. ("Branighan"), the director of the Committee. Branighan confirmed that Crawford applied for, and was accepted into, the program. The rules and requirements were explained to Crawford, and he signed the necessary documents to enter the program in 1996. Crawford also signed promissory notes for scholarship loans annually during the five years of his tenure in the program. Crawford attended the classroom training and was an excellent apprentice. Crawford complied with the on-the-job training requirements as outlined in the program's standards.

However, in 2000 Crawford came to Branighan with a complaint about the local union accepting intermediate journeymen into the local as part of their organizing efforts. Crawford felt the practice was unfair to him as an individual with more skills and training. At the time, Crawford was working for Walter Barnes Electric ("Barnes") and felt that he should be given a pay raise. Branighan explained that Barnes was only obligated to pay the rate outlined under the collective bargaining agreement.

Branighan also testified that Crawford showed him photos of the home he was renovating and indicated that his employer had given him time off to complete the work. Branighan stated that he cautioned Crawford to be sure he had worked the hours necessary for completion of the apprenticeship program.

Shortly after that conversation, Crawford was laid off due to a reduction in work *149 force at Barnes. Crawford signed in at the hiring hall as required. He requested, and was granted, a two-week leave of absence. Crawford returned to the work hall two weeks later and was issued a work assignment with Frischhertz Electric. Crawford was terminated from that assignment for absenteeism and tardiness on February 12, 2001.

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986 So. 2d 146, 7 La.App. 5 Cir. 964, 2008 La. App. LEXIS 800, 2008 WL 2190831, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-orleans-electrical-joint-apprent-and-training--lactapp-2008.