Price v. International Union, United Automobile Aerospace & Agricultural Implement Workers

795 F.2d 1128, 122 L.R.R.M. (BNA) 3130, 1986 U.S. App. LEXIS 27360
CourtCourt of Appeals for the Second Circuit
DecidedJuly 16, 1986
DocketNo. 192, Docket 85-7408
StatusPublished
Cited by1 cases

This text of 795 F.2d 1128 (Price v. International Union, United Automobile Aerospace & Agricultural Implement Workers) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Price v. International Union, United Automobile Aerospace & Agricultural Implement Workers, 795 F.2d 1128, 122 L.R.R.M. (BNA) 3130, 1986 U.S. App. LEXIS 27360 (2d Cir. 1986).

Opinion

GEORGE C. PRATT, Circuit Judge:

Alleging violations of their first amendment speech and associational and fifth amendment due process rights, as well as a breach by their union of its duty of fair representation, appellants sought relief from paying full dues and fees under a union security clause contained in the collective bargaining agreement between their employer and their union. The district court denied appellants’ request for a preliminary injunction, finding that they had failed to show either irreparable injury or likelihood of success on the merits. Following this, appellants and the union each moved for summary judgment, and the employer moved to dismiss for failure to state a claim. The United States District Court for the District of Connecticut, M. Joseph Blumenfeld, Judge, granted the union’s motion for summary judgment and the employer’s motion to dismiss, and denied appellants’ motion for summary judgment. We affirm the judgment of the district court, although for a different reason with respect to the duty of fair representation claim.

BACKGROUND

Appellants are employees of General Dynamics Corporation, Electric Boat Division, located in Groton, Connecticut, and are members of a bargaining unit of clerical and technical workers represented by the Marine Draftsmen Association, Local 571, UAW, AFL-CIO. Their allegations against their employer, their local union, and their international union arise out of a “union security”, or “union shop”, clause contained in the collective bargaining agreement negotiated between the employer and the union. Under this union security clause appellants, as members of the bargaining unit, were required, within 31 days after their employment commenced, to join the union and pay an amount equal to the union’s initiation fee and, thereafter, monthly dues.

Shortly after the collective bargaining agreement was executed appellants informed the union that they wanted a percentage reductioh in their dues and fees because they objected to paying for political and ideological causes supported by the union. They claimed that those expenses were unrelated to the union’s role as collective bargaining representative. Appellants contended that the forced payment of the full amount of dues and fees violated their first amendment speech and associational rights and their fifth amendment due process rights, and constituted a breach of the union’s statutory duty of fair representation. Moreover, they asserted that the procedure prescribed by their international union to rebate dues and fees expended for political purposes was inadequate.

Pursuant to the collective bargaining agreement, the union warned appellants that it would seek their discharge if they failed to pay in full, and the employer, as it was contractually obligated to do, notified appellants that they would be terminated for nonpayment. Rather than risk discharge, appellants have paid their dues and fees in full pending resolution of this litigation.

DISCUSSION

A. Appellants’ Constitutional Claims.

The viability of appellants’ first and fifth amendment claims hinges upon the existence of government action, often called “state action”, for without it, the union shop clause would be simply the product of negotiations between private parties. “Careful adherence to the ‘state action’ requirement preserves an area of individual freedom by limiting the reach of federal law and federal judicial power.” Lugar v. Edmondson Oil Co., 457 U.S. 922, 936, 102 S.Ct. 2744, 2753, 73 L.Ed.2d 482 (1982). The district court rejected appellants’ assertion that, like section 2, Eleventh of the Railway Labor Act, 45 U.S.C. § 152, Eleventh (1982), section 8(a)(3) of the National Labor Relations Act, 29 U.S.C. § 158(a)(3) (1982), establishes the requisite government action to support their constitutional [1131]*1131claims. See Price v. International Union, 621 F.Supp. 1243, 1248-49 (D.Conn.1985). We agree with the district court that government action is absent here.

Appellants, whose labor relations are governed by the National Labor Relations Act (NLRA), rely heavily on Railway Employes’ Department v. Hanson, 351 U.S. 225, 76 S.Ct. 714, 100 L.Ed. 1112 (1956), and a subsequent line of cases decided under the Railway Labor Act (RLA), see International Association of Machinists v. Street, 367 U.S. 740, 81 S.Ct. 1784, 6 L.Ed.2d 1141 (1961); Brotherhood of Railway and Steamship Clerks v. Allen, 373 U.S. 113, 83 S.Ct. 1158, 10 L.Ed.2d 235 (1963); Ellis v. Brotherhood of Railway, Airline and Steamship Clerks, 466 U.S. 435, 104 S.Ct. 1883, 80 L.Ed.2d 428 (1984); see also Abood v. Detroit Board of Education, 431 U.S. 209, 97 S.Ct. 1782, 52 L.Ed.2d 261 (1977), for their claim that government action exists here.

Hanson involved a suit by railroad employees alleging violations of their first and fifth amendment rights and seeking to enjoin their employer and several unions from enforcing a union shop agreement. Writing for the Court, Justice Douglas noted that the RLA had been amended to allow for the inclusion of union shop agreements notwithstanding the contrary law of any state. 351 U.S. at 228-31, 76 S.Ct. at 716-18. Section 2, Eleventh of the RLA provides, in pertinent part:

Notwithstanding any other provisions of this chapter, or of any other statute or law of the United States, or Territory thereof, or of any State, any carrier or carriers as defined in this chapter and a labor organization or labor organizations duly designated and authorized to represent employees in accordance with the requirements of this chapter shall be permitted—
(a) to make agreements, requiring, as a condition of continued employment, that within sixty days following the beginning of such employment, or the effective date of such agreements, whichever is the later, all employees shall become members of the labor organization representing their craft or class * * *,

45 U.S.C. § 152, Eleventh (1982). As this provision offered a means to override the law of 17 states at the time — including that of Nebraska, which had a right-to-work law inconsistent with § 2, Eleventh — the Hanson Court found government action. 351 U.S. at 232, 76 S.Ct. at 718. “If private rights are being invaded, it is by force of an agreement made pursuant to federal law which expressly declares that state law is superseded. * * * The enactment of the federal statute authorizing union shop agreements is the governmental action on which the Constitution operates, though it takes a private agreement to invoke the federal sanction.” Id.

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795 F.2d 1128, 122 L.R.R.M. (BNA) 3130, 1986 U.S. App. LEXIS 27360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/price-v-international-union-united-automobile-aerospace-agricultural-ca2-1986.