United Mine Workers of America, District 22 v. Roncco, 7104.

Decision Date04 March 1963
Docket NumberNo. 7104.,7104.
Citation314 F.2d 186
PartiesUNITED MINE WORKERS OF AMERICA, DISTRICT 22, Appellant, v. Leo RONCCO, Jr., and Pete Cavalli, partners doing business as Roncco Coal Company, Appellees.
CourtU.S. Court of Appeals — Tenth Circuit

Robert Stanley Lowe, Rawlins, Wyo., for appellant.

Richard S. Kitchen, Sr., Denver, Colo. (Gerald A. Stack, Thermopolis, Wyo., with him on the brief), for appellees.

Before BREITENSTEIN, HILL and SETH, Circuit Judges.

SETH, Circuit Judge.

In 1958 the parties entered into a collective bargaining agreement, the National Bituminous Coal Wage Agreement of 1950. Plaintiff is the local representative of the employees, and defendant partners operate a small coal mine in Wyoming. These partners were or are members of plaintiff union. The complaint alleges breach of the collective bargaining agreement by defendants' failure (1) to pay time and one-half for overtime, (2) to follow contract seniority rules, (3) to furnish employees house coal, (4) to recognize the grievance committee, (5) to pay royalty to the United Mine Workers Welfare Fund, and (6) to check off dues for plaintiff union. The complaint also asks for a declaration of the rights and duties of the parties under the contract. The action was filed under 29 U.S.C.A. § 185, Section 301 of the Labor Management Relations Act.

The defendants filed two verified motions to dismiss, one on the ground that plaintiff did not allege compliance with the arbitration provisions of the contract as a condition precedent. The second motion was on the ground that indispensable parties were not joined, these parties being the trustees of the Welfare Fund and the individual employees of defendants. These motions were heard at a time when the depositions of the defendants had been filed, but the depositions of two other persons had been taken but not transcribed. In one of its orders the trial court stated that it had considered the two depositions then filed in disposing of the motions to dismiss. The trial court sustained the motions on the grounds that plaintiff had not sought arbitration, and for lack of jurisdiction as to certain of the breaches of contract alleged in the complaint. The trial court filed an opinion which clearly and concisely sets out the ruling. U. M. W. v. Roncco, D.C., 204 F.Supp. 1. The trial court considered each of the six claimed breaches of contract mentioned above, and decided it had jurisdiction over some and not others. In making this distinction the court relied upon Association of Westinghouse Employees v. Westinghouse Electric Corp., 348 U.S. 437, 75 S.Ct. 489, 99 L.Ed. 510, upon United Steelworkers v. New Park Mining Co., 273 F.2d 352 (10th Cir.), as well as other cases. It decided which of the rights concerned were "uniquely personal" to the individual employees and which were of "peculiar concern" to the plaintiff union as an organization. Having done this, the trial court then examined the contract provision as to arbitration, concluded the disputes alleged were arbitrable, that arbitration had not been sought by plaintiff as required and so dismissed the complaint.

We agree with the trial court that the failure to pay time and one-half, the failure to sell house coal, and the failure to follow seniority rules were all matters "purely personal" to individual employees under the Westinghouse case, supra. Thus these matters were not of peculiar concern to the plaintiff union as an organization to give the district court jurisdiction. 29 U.S.C.A. § 185. On the alleged failure to use a grievance committee, there was not sufficient information provided the trial court or this court to arrive at a decision. As to the alleged failure to check off dues, this is a matter of direct and peculiar concern of the plaintiff as an organization, and as the trial court indicated, this is within its jurisdiction. United Steelworkers v. Pullman, 241 F.2d 547 (3d Cir.). The remaining item is the alleged failure to pay royalties to the Welfare Fund. The trustees of this fund are the proper parties to commence suits to enforce payment to the fund, as the trial court held. This point has been fully discussed in Lewis v. Quality Coal Corp., 243 F.2d 769 (7th Cir.), and National...

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22 cases
  • WILKES-BARRE, ETC. v. NEWSPAPER GUILD, ETC.
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    • U.S. District Court — Middle District of Pennsylvania
    • 25 Junio 1980
    ...all of the terms and conditions of this agreement from the time of such award. Id. at 613 (emphasis added). 32 UMW, District 22 v. Roncco, 314 F.2d 186 (10th Cir. 1963), on which plaintiff relies, did not consider whether the question of contract termination came within the scope of the arb......
  • In re US Truck Co., Inc.
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    • U.S. Bankruptcy Court — Eastern District of Michigan
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    ...concern to a labor organization and is within the jurisdiction of the federal courts. United Mine Workers of America, District 22 v. Roncco, 314 F.2d 186 (10th Cir.1963). Where a local union has developed a reliance on the dues checkoff, the checkoff mechanism can effectively be its financi......
  • Intern. Union of Bricklayers v. Menard & Co.
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    ...(iii) the Union has yet to receive. This sort of claim is undeniably actionable under § 301. E.g., United Mine Workers of America, District 22 v. Roncco, 314 F.2d 186, 187 (10th Cir.1963) (an "alleged failure to check off dues ... is a matter of direct and peculiar concern to the union as a......
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    ...Cir. 1974); United Auto Workers Local No. 998 v. B. & T. Metals Co., 315 F.2d 432 (6th Cir. 1963); United Mine Workers of America, District 22 v. Roncco, 314 F.2d 186 (10th Cir. 1963); Proctor & Gamble Independent Union v. Proctor & Gamble Mfg. Co., 312 F.2d 181 (2d Cir. 1962). The language......
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