Willis v. United Paperworkers International Union Local 189

943 F. Supp. 633, 156 L.R.R.M. (BNA) 2119, 1996 U.S. Dist. LEXIS 15115, 1996 WL 586378
CourtDistrict Court, E.D. Louisiana
DecidedOctober 10, 1996
DocketCivil Action No. 95-1767
StatusPublished

This text of 943 F. Supp. 633 (Willis v. United Paperworkers International Union Local 189) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Willis v. United Paperworkers International Union Local 189, 943 F. Supp. 633, 156 L.R.R.M. (BNA) 2119, 1996 U.S. Dist. LEXIS 15115, 1996 WL 586378 (E.D. La. 1996).

Opinion

ORDERS AND REASONS

FALLON, District Judge.

Before the Court is United Paperworkers International Union Local 189’s motion for summary judgment. For the reasons that follow, the defendant’s motion for summary judgment is GRANTED.

I. FACTS

Plaintiff, Alison Willis, is employed by Gaylord Container Corporation (“Gaylord”) at its papermill in Bogalusa, Louisiana. Ms. Willis is a member of the Union Local 189 (“Local 189”), an affiliate of the United Paperworkers International, which is the bargaining representative for the collective bargaining unit of Gaylord and its mill employees. A collective bargaining agreement (the “Labor Agreement”) between Gaylord and Local 189 governs the terms and conditions of the employees in the bargaining unit.

The instant matter arises from Gaylord’s practice of placing bargaining unit employees in temporary salaried positions. If an employee is placed in a temporary salaried position such position is not covered by the Labor Agreement; however, the employee [635]*635remains a union member. Under the Labor Agreement, these temporary salaried positions may last up to six months without the employee forfeiting her seniority in the bargaining unit. If additional time is needed, Gaylord may request an extension from Local 189. If Local 189 does not grant the extension, Gaylord must return the employee to the bargaining unit, or make the position permanent.

At any time during the six month period, Local 189 may request that Gaylord return the temporarily assigned employee to the bargaining unit. However, the Labor Agreement requires that both parties discuss the employee’s return to the bargaining unit pri- or to her actual return. If an agreement is not reached between the two parties, the employee will forfeit her seniority rights within the bargaining unit unless she returns to the unit within 30 days. This is known as “terminating” the leave.

Prior to the present action, the plaintiff held a bargaining unit position in the technical department. On January 15, 1995, the plaintiff, as a junior employee, was bumped from this position to a position in the paper products department.1 Prior to plaintiffs bump, Gaylord had declined, after a request from Local 189, to make permanent the temporary salaried positions of two other employees, Steve Owens and Linda Terrell. In response to this decision, Local 189, pursuant to the Labor Agreement, terminated the temporary leaves of Owens and Terrell.2 These terminations resulted in the return of Owens and Terrell to the technical department as hourly employees, positions that were within the bargaining unit. The return of Owens and Terrell to the technical department resulted in overstaffing of the department. The plaintiff, as the least senior union member, was bumped. In turn, plaintiff bumped a less senior union member in the paper products department.

These actions led to the plaintiff filing the instant complaint against Local 189 for allegedly breaching its duty of fair representation because at the time'it acted to terminate the leaves of Owens and Terrell it had full knowledge that this action would lead to the plaintiffs demotion. In addition, the plaintiff further asserts that Local 189 breached its duty of fair representation because it refused to waive a two year requirement period that is required when bidding on a position in a different department. Plaintiff seeks reinstatement, backpay, damages, and costs and attorney’s fees.

The defendant filed this motion for summary judgment claiming it did not violate its duty of fair representation because it did not act arbitrarily, discriminatorily or deceitfully. In addition, defendant claims plaintiff did not exhaust her contractual and internal union remedies.

II. STANDARD OF REVIEW

Summary judgment will be granted only if the pleadings, depositions, answers to interrogatories, and admissions, together with affidavits, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56. In this analysis, the Court must view the facts and inferences from the evidence in the light most favorable to the nonmoving party. Crescent Towing v. M/V Anax, 40 F.3d 741, 743 (5th Cir.1994). The nonmoving party may not depend solely on denials contained in the pleadings, but must submit specific facts showing that there is a genuine issue for trial. Fed.R.Civ.P. 56(e). Mere conelusory rebuttals by the non-moving party will not defeat a motion for summary judgment. Topalian v. Ehrman, 954 F.2d 1125, 1131 (5th Cir.), reh’g denied, 961 F.2d 215 (5th Cir.), cert. denied, 506 U.S. 825, 113 S.Ct. 82, 121 L.Ed.2d 46 (1992). This legal standard will be used in the following analysis of the issues.

[636]*636III. ANALYSIS

A labor union is an employees’ bargaining representative and thus has a duty of fair representation to those it represents. Steele v. Louisville & Nashville R. Co., 323 U.S. 192, 198, 65 S.Ct. 226, 230, 89 L.Ed. 173 (1944). This duty requires a union to represent its members honestly and in good faith. Air Line Pilots Ass’n, Int’l v. Joseph E. O’Neill, 499 U.S. 65, 73, 111 S.Ct. 1127, 1133, 113 L.Ed.2d 51 (1991). A union breaches its duty of fair representation if its actions are either arbitrary, discriminatory or in bad faith. Id. at 67, 111 S.Ct. at 1130.

In reviewing union actions for arbitrariness, the Court must afford a great latitude to the union’s decisions so that it can effectively perform its bargaining duties. Air Line Pilots Ass’n, Int’l, 499 U.S. at 77, 111 S.Ct. at 1135. “A union’s actions are arbitrary only if, in light of the union’s actions, the union’s behavior is so far outside a ‘wide range of reasonableness’ as to be irrational.” Id. at 67, 111 S.Ct. at 1130, citing Ford Motor Co. v. Huffman, 345 U.S. 330, 338, 73 S.Ct. 681, 686, 97 L.Ed. 1048 (1953). Thus, for the Court to find that the defendant violated its duty of fair representation it must find Local 189 acted irrationally.

1) Violation of Duty of Fair Representation

Ms. Willis contends that Local 189 violated its duty of fair representation because the union knew it would injure plaintiff when it terminated Owens’ and Terrell’s temporary leaves. Plaintiff correctly asserts that Local 189 knew two technical positions would be eliminated if Owens and Terrell were returned to their permanent positions. However, there is no evidence to support the allegation that the defendant violated its duty of fair representation by knowingly injuring or intentionally acting to injure the plaintiff.

The primary goal of the duty of fair representation is to identify and protect individual interests without undermining the majority’s interests. O. Tedford v.

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Related

Crescent Towing & Salvage Co., Inc. v. M/V Anax
40 F.3d 741 (Fifth Circuit, 1994)
Steele v. Louisville & Nashville Railroad
323 U.S. 192 (Supreme Court, 1944)
Ford Motor Co. v. Huffman
345 U.S. 330 (Supreme Court, 1953)
Air Line Pilots Ass'n v. O'Neill
499 U.S. 65 (Supreme Court, 1991)
Topalian v. Ehrman
954 F.2d 1125 (Fifth Circuit, 1992)

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943 F. Supp. 633, 156 L.R.R.M. (BNA) 2119, 1996 U.S. Dist. LEXIS 15115, 1996 WL 586378, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willis-v-united-paperworkers-international-union-local-189-laed-1996.