341 F.2d 705 (6th Cir. 1965), 15533, McCraw v. United Ass'n of Journeymen and Apprentices of Plumbing and Pipe Fitting Industry of United States and Canada

Docket Nº:15533, 15534.
Citation:341 F.2d 705
Party Name:James Ray McCRAW, Plaintiff-Appellant, v. UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF the PLUMBING AND PIPE FITTING INDUSTRY OF the UNITED STATES AND CANADA and Local 43 of United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Defendants-Appellees. James Ray McCRAW, Plain
Case Date:February 27, 1965
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
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Page 705

341 F.2d 705 (6th Cir. 1965)

James Ray McCRAW, Plaintiff-Appellant,

v.

UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF the PLUMBING AND PIPE FITTING INDUSTRY OF the UNITED STATES AND CANADA and Local 43 of United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Defendants-Appellees.

James Ray McCRAW, Plaintiff-Appellee,

v.

LOCAL 43 OF the UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF the PLUMBING AND PIPE FITTING INDUSTRY OF the UNITED STATES AND CANADA, Defendant-Appellant.

Nos. 15533, 15534.

United States Court of Appeals, Sixth Circuit.

February 27, 1965

Page 706

Sizer Chambliss, Chattanooga, Tenn., for James Ray McCraw.

Martin F. O'Donoghue, Washington, D.C., for defendants-appellees, O'Donoghue

Page 707

& O'Donoghue, Washington, D.C., on the brief.

S. Del Fuston, Chattanooga, Tenn., for defendant-appellant, H. G. B. King, Chattanooga, Tenn., on the brief, King & Fuston, Chattanooga, Tenn., of counsel.

Before MILLER, PHILLIPS and EDWARDS, Circuit Judges.

SHACKELFORD MILLER, Jr., Circuit Judge.

James Ray McCraw filed this action in the District Court for injunctive and other relief under Section 102 of the Labor-Management Reporting and Disclosure Act of 1959, Section 412, Title 29 United States Code, usually referred to as the Landrum-Griffin Act. The amended complaint charges that the defendants, United Association of Journeymen and Apprentices, etc., hereinafter referred to as the International Union, and its Local Union No. 43, hereinafter referred to as the Local Union, wrongfully fined and suspended him, in violation of Section 101 of the Act, Section 411, Title 29 United States Code. The action sought reinstatement as a member of the union and damages. The District Judge denied McCraw's demand for trial by jury and entered a judgment ordering reinstatement, but denying damages except in the amount of $1.00. McCraw took appeal No. 15,533 from the judgment, and the Local Union took a cross appeal, No. 15,534. The two appeals were heard together.

The facts are stated in detail in the opinion of the District Judge, reported at McCraw v. United Association of Journeymen and Apprentices, etc., 216 F.Supp. 655, E.D.Tennessee, to which reference is made. The major material facts can be stated as follows.

McCraw is a pipe fitter by trade and a resident of Chattanooga, Tennessee. The defendant, the International Union, is an international labor union for the plumbing and pipe fitting trade. Local Union 43 is a local labor union chartered by the International Union, with its principal offices in Chattanooga, Tennessee. McCraw became a member of the International Union in 1943 and joined Local Union No. 43 in 1954. He has remained a member at all times thereafter until he was suspended in 1961, which suspension is the subject matter of this action.

On January 26, 1961, McCraw filed charges with the Local Union against C. Earle Williams, who was the business agent for the Local Union, charging Williams with having discriminated against him in the matter of referrals for employment in the trade. Under the rules of the Local Union the charges were referred by the membership to the Executive Board of the Local Union, which dismissed the charges upon the ground that they were not properly drawn.

Shortly thereafter McCraw again attempted to file charges against Williams for discrimination, but the membership voted not to accept the charges.

Thereafter, on February 16, 1961, McCraw filed a charge against the Local Union with the National Labor Relations Board, wherein he charged the Local Union with an unfair labor practice by reason of discrimination against him in regard to securing employment, which he alleged constituted a violation of Section 8(b) of the National Labor Relations Act, Section 158(b), Title 29 United States Code. The Board, after investigation, declined to issue a complaint upon the ground of 'insufficient evidence' and upon the ground 'it would not effectuate the purposes of the National Labor Relations Act to institute further proceedings at this time.'

On May 9, 1961, Williams filed charges with the Local Union against McCraw charging him with having filed the charge against the Local Union with the National Labor Relations Board without having first exhausted his remedies within the Local Union and the International Union, which it was alleged was a violation of Section 222 of the International

Page 708

Union's Constitution. 1 McCraw was notified of the hearing and was present with witnesses, but apparently became angry when the Executive Board asked that the door of the hearing room be closed at the beginning of the hearing. Thereafter he presented no witnesses and declined to make any statement other than to state his name...

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