Sheet Metal Workers Local Union No. 218 v. Massie

627 N.E.2d 1154, 255 Ill. App. 3d 697, 194 Ill. Dec. 512, 145 L.R.R.M. (BNA) 2750, 1993 Ill. App. LEXIS 1962
CourtAppellate Court of Illinois
DecidedDecember 30, 1993
Docket4-93-0535
StatusPublished
Cited by3 cases

This text of 627 N.E.2d 1154 (Sheet Metal Workers Local Union No. 218 v. Massie) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sheet Metal Workers Local Union No. 218 v. Massie, 627 N.E.2d 1154, 255 Ill. App. 3d 697, 194 Ill. Dec. 512, 145 L.R.R.M. (BNA) 2750, 1993 Ill. App. LEXIS 1962 (Ill. Ct. App. 1993).

Opinion

JUSTICE STEIGMANN

delivered the opinion of the court:

In January 1993, plaintiff, Sheet Metal Workers Local Union No. 218 (the Union), sued defendant, Timothy I. Massie, seeking a money judgment totaling $1,350, the amount of a fine assessed against him by the Union hearing board for an alleged violation of the Union constitution. Following a bench trial, the trial court held that the Union hearing board’s finding that defendant violated the Union constitution was against the evidence and, accordingly, entered judgment in favor of defendant. Plaintiff appeals, arguing the court exceeded the appropriate scope of review.

We agree and reverse.

I. Background

The record indicates that, at all relevant times, defendant was a member of the Union and the Union’s organization and affairs were governed by the “Constitution & Ritual of the Sheet Metal Workers’ International Association and Affiliated Local Unions, State, District and Provincial Councils” (constitution). In September 1992, Robert Champion, the Union’s business agent, filed a written charge against defendant, alleging that he had violated article 17, section 1(g), of the constitution by accepting employment with Kelly Construction, Inc. (Kelly), a nonunion company. Article 17, section 1(g), prohibits Union members from doing any of the following:

“Accepting employment in any shop or on any job where a strike or lockout, as recognized under this Constitution, exists, or performing any work covered by the claimed jurisdiction of this Association for any employer that is not signatory to or bound by a collective[-]bargaining agreement with an affiliated local union of this International Association, unless authorized by the local union.” (Emphasis added.)

In October 1992, the Union hearing board convened to consider Champion’s charge against defendant. No verbatim transcript of the hearing was made. However, minutes of the meeting were taken, which indicate that Champion testified “that on September 9, 1992, [defendant] came into his office and informed [him] that [defendant] had gone to work for Kelly. At this time, [he] told [defendant] he would give [him] until the following Monday to quit Kelly’s or [he] would be forced to file charges against [defendant].” According to the minutes, Bob Clow also testified “that he had seen [defendant] working for Kelly at A.E. Staley [Manufacturing Company].” Defendant testified at the hearing, and the minutes reflect “that he called Bob Champion several times and asked him about a job. He said he had told [Champion] that he was in a pinch and couldn’t wait for a job any longer, so he went to work for Kelly.” Based on this evidence, the Union hearing board found defendant had violated article 17, section 1(g), as alleged, and fined him $2,700, with half of this amount to be suspended. Under the constitution’s provisions, defendant had a right to appeal the hearing board’s decision within the Union structure, but no appeal was taken.

The Union demanded that defendant pay the assessment, but he failed to do so. As a result, in January 1993, the Union brought a complaint in the circuit court of Macon County to enforce the fine assessed against defendant in the amount of $1,350.

The trial court conducted a hearing at which Champion testified that Kelly was a nonunion shop, and the basis for the charge against defendant was that he worked for Kelly. He stated that a Union member could resign from the Union by formally tendering his written resignation and then accept employment at a nonunion shop without being charged. In the present case, however, defendant had not resigned.

Champion further testified that a person could work for Kelly and not do sheet-metal work, and his only knowledge that defendant did sheet-metal work was based on his conversation with defendant. He also agreed that one could only violate the cited constitutional provision by working for Kelly and doing work covered by the jurisdiction of the sheet-metal workers. He testified, however, that if defendant applied “any mathematical skills in laying out or any skills over how to use the hand tools or electrical tools,” then he would be using skills learned in his trade, which would then come within the jurisdiction of the sheet-metal workers.

Champion also testified that the sheet-metal workers’ jurisdiction would cover about all the work performed in a bean mill such as Staley. He acknowledged that the minutes of the Union hearing did not contain any testimony that defendant had performed any sheet-metal work for Kelly, but asserted that “there was [sic] discussions between [defendant] and the [Union hearing] board as far as the type of work he was doing would not violate the [constitution and he was corrected. [It was pointed out to him] that when he uses his layout skills and stuff, that’s in violation of the [constitution.” However, Champion stated that at the Union hearing, neither he nor Clow testified that defendant did sheet-metal work. He explained that the sheet-metal industry basically erects, installs, and dismantles anything that it may build in a shop or the field.

Eddie O’Connor, business manager and financial secretary for the Union, testified that defendant paid his Union dues for August 1992. He explained that a 60-day grace period existed during which a member is still in good standing after becoming past due. He indicated that defendant was suspended in November 1992, but another 60-day grace period existed during which a suspended member could reinstate prior to being dropped from the Union. O’Connor further stated that although defendant did not reinstate, he never sent the Union any written resignation.

John Aeillo, the president of the Union, testified in court that he was the chairman of the Union’s hearing board at defendant’s hearing. Aeillo indicated that at the hearing, Champion testified that defendant had said that he had gone to work for Kelly, and Clow testified that he saw defendant working at Staley on some “system.” Aeillo also stated that the minutes of the Union hearing were an accurate and complete statement of the testimony. He also stated that he decided defendant had breached the constitution based on the “witnesses’ statements that [defendant was seen] working on an object.”

Bruce Stephens, supervisor at Kelly Construction, described defendant’s work for Kelly at Staley as “raising a liquid soy tank that contained soy sauce and *** runfning] the liquid lines, redoing the liquid lines.” He further testified that defendant’s work was not sheet-metal work because the handling of liquid lines fell within the jurisdiction of the plumbers and pipefitters. He noted that the liquid lines for the soy tank, as well as the soy tank itself, were fiberglass. However, one line was a caustic line, which carried a chemical used in the manufacturing process, and was metal. He described Kelly as “a fabricating company,” but also a “field installation company.” It was considered a “general contractor in the field.” Therefore, it did both sheet-metal work and nonsheet-metal work. He explained that what a line carries determines the jurisdiction of the work. Because the work in the present case involved liquid lines, it belonged under the jurisdiction of plumbers and pipefitters.

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627 N.E.2d 1154, 255 Ill. App. 3d 697, 194 Ill. Dec. 512, 145 L.R.R.M. (BNA) 2750, 1993 Ill. App. LEXIS 1962, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheet-metal-workers-local-union-no-218-v-massie-illappct-1993.