Tinsley v. United Parcel Service, Inc.

635 F.2d 1288, 106 L.R.R.M. (BNA) 2049
CourtCourt of Appeals for the Seventh Circuit
DecidedDecember 12, 1980
DocketNo. 79-2445
StatusPublished
Cited by4 cases

This text of 635 F.2d 1288 (Tinsley v. United Parcel Service, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tinsley v. United Parcel Service, Inc., 635 F.2d 1288, 106 L.R.R.M. (BNA) 2049 (7th Cir. 1980).

Opinion

PELL, Circuit Judge.

The plaintiff-appellant, Paul Tinsley, challenges the district court’s grant of summary judgment in favor of United Parcel Service (UPS) and Highway Drivers, Dock-men, Spotters, Rampmen, Packing House and Allied Products Drivers and Helpers, Office Workers and Miscellaneous Employees, Local 710, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (Union or Local 710). UPS discharged Tinsley from employment on October 20, 1977. Local 710 thereafter filed a grievance on the appellant’s behalf pursuant to the terms of the collective bargaining agreement. The grievance proceeded without success to the UPS/Local 710 Joint Grievance Committee, the final step before arbitration. The Committee denied the grievance and advised Tinsley that he would not be reinstated. The Union declined to submit the grievance to binding arbitration.

Tinsley failed to invoke the Union’s appeals process to contest the Union’s failure to press his grievance to arbitration.1 Instead, on August 4, 1978, the appellant instituted an action under § 301 of the Labor [1290]*1290Management Relations Act, 29 U.S.C. § 185, alleging that UPS had violated the collective bargaining agreement by discharging Tinsley without just cause, and that Local 710 had breached its duty of fair representation. The district court granted summary judgment for the Union “due to Plaintiff’s failure to initiate and exhaust his internal union remedies.” Some six months later, the court granted summary judgment for UPS on the basis of its motion “that the plaintiff’s claim against the co-defendant union has been denied by this Court’s allowance of the union’s motion for summary judgment.” This appeal followed.

I.

Exhaustion of internal union remedies is an indispensable prerequisite to suit against a union where union remedies are both mandatory and adequate. Baldini v. Local 1095, 581 F.2d 145, 148 (7th Cir. 1978); Newgent v. Modine Manufacturing Co., 495 F.2d 919, 927 (7th Cir. 1974). Local 710’s internal union remedies are both mandatory2 and, by virtue of well-established, and controlling, authority are adequate. The internal appeals process offers injunctive relief3 and monetary damages.4 The fact that the Union’s appeals procedure cannot provide job reinstatement5 does not render the remedies inadequate because “relief against the union in a civil action could never produce reinstatement.” Baldini, supra, 581 F.2d at 149 (emphasis in original). Numerous courts have found the identical Teamsters’ remedies to be adequate in breach of fair representation cases where the union asserted the defense of nonexhaustion. See, e. g., Winter v. Local 639, 569 F.2d 146, 149 (D.C.Cir.1977); Fabian v. Freight Drivers and Helpers Local No. 557, 448 F.Supp. 835, 839 (D.Md.1978). Indeed, in its brief here, the Union cites a page and a half of cases supportive of the above proposition, substantially all of which, however, are district court cases, many of which are not in the Federal Supplement reporter.

The exhaustion requirement springs from the union member’s previously noted contractual obligation to exhaust union remedies before resorting to legal redress. Harrison v. Chrysler Corp., 558 F.2d 1273, 1278 (7th Cir. 1977); Newgent v. Modine Manufacturing Co., supra, 495 F.2d at 927-28; Orphan v. Furnco Construction Corp., 466 F.2d 795, 800 (7th Cir. 1972). Exhaustion [1291]*1291serves the further purpose of forestalling judicial interference into internal union matters pending a full attempt at resolution by the union itself. As this court noted in Baldini v. Local 1095, supra, 581 F.2d at 149:

The point of the exhaustion requirement is that a union should have a right to attempt to satisfy disgruntled members, and a court should know just what the union did or did not do with respect to the complaint before trying to decide if fair representation really was denied and what relief would be just in the circumstances.

See also Harrison v. Chrysler Corp., supra, 558 F.2d at 1278.

Exhaustion is excused where resort to union remedies would be futile. The appellant argues that because the Union issued a voluntary withdrawal card to him, he was no longer a member, and therefore was unable to invoke the Union appeals process. This contention, however, falls short of the “clear and positive showing of futility” required to excuse a plaintiff from exhausting union remedies. Winter v. Local 639, supra, 569 F.2d at 149.

The Joint Committee denied Tinsley’s grievance and reinstatement request shortly before or after the appellant had obtained his withdrawal card.6 Tinsley never attempted to initiate a complaint under the Union appellate process. Instead, he asserts that because he was no longer a full Union member after the Joint Committee’s decision was issued, he was by definition, excluded from bringing charges by Article XIX of the International’s Constitution. That provision allows any “member” to file charges against another member, a suspended member, or an ex-member who has been issued a withdrawal card. Tinsley contends that the distinction drawn between “members” and ex-members who have been issued withdrawal cards justifies the inference that members who have withdrawn can never utilize the Union appeals process.

Even if Tinsley retained no accrued right of access to the appellate procedures by virtue of his full membership status at the time of his discharge and grievance processing,7 he still has not shown that the Union appellate procedure is closed to ex-members possessing withdrawal cards. Tinsley’s argument ignores the purpose served by withdrawal from Union membership. Voluntary withdrawal relieves an unemployed Union member from the burden of paying dues and avoids a subsequent initiation fee if the person later resumes active membership. It does not wholly extinguish all rights and duties of membership.8 Because the Union is bound to issue a voluntary withdrawal card at an unemployed member’s request,9 acceptance of the appellant’s argument would seriously undermine the exhaustion requirement. Any unemployed member who sought to bring a § 301 suit [1292]*1292could circumvent the exhaustion requirement at will by simply obtaining a voluntary withdrawal card.10 Whether it would be rested on estoppel, bad faith, or public policy, we would have little trouble in rejecting such a circumvention.

II.

The circuits are split over whether or not the exhaustion defense is also available to the employer.11 An exhaustion requirement in favor of an employer clearly is not mandated by contract as it is with respect to a union. Harrison v.

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635 F.2d 1288, 106 L.R.R.M. (BNA) 2049, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tinsley-v-united-parcel-service-inc-ca7-1980.