McCraw v. UNITED ASS'N OF JOURNEYMEN & APP. OF PLUMBING, ETC.

Citation341 F.2d 705
Decision Date27 February 1965
Docket Number15534.,No. 15533,15533
PartiesJames 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.
CourtUnited States Courts of Appeals. United States Court of Appeals (6th Circuit)

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

Martin F. O'Donoghue, Washington, D. C., for defendants-appellees, O'Donoghue & 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 Union's Constitution.* 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 and to affirm that he had filed charges with the National Labor Relations Board. Following the hearing the Executive Board voted to sustain the charges and imposed a fine of $100.00.

McCraw appealed the fine to the General Executive Board of the International Union. Upon appeal he was accorded the right to submit any additional statement, but failed to do so. On September 6, 1961, the International Union advised McCraw that its General Executive Board had denied the appeal and had affirmed the action of the Local Union. McCraw appealed this action to the General Convention of the International Union, which, however, will not be held until 1966.

McCraw has at all times refused to pay the fine, contending that it was illegally imposed. He continued to tender his dues and otherwise sought to maintain his membership and standing in the union. The Local Union from and after July 1, 1961, declined to accept his dues without payment of the fine first being made. About this same time McCraw was suspended from membership for nonpayment of dues. McCraw continued to tender his dues, but the Local Union, in accordance with its rules, declined to accept them without prior payment by McCraw of a $1.00 reinstatement fee. The result has been that the plaintiff has been suspended from membership in the Local Union at all times since July 1, 1961.

McCraw, however, sought to attend union meetings and participate as a member in union activities. On September 28, 1961, McCraw was requested to leave a meeting of the Local Union upon the ground that he was suspended for nonpayment of dues. Upon his refusal to leave, he was physically removed from the meeting room. In the course of the removal or as a result of his efforts to regain admittance after the door had been closed against his reentry, McCraw sprained or dislocated his right thumb, for which he received conservative medical treatment over a period of six weeks. The injury resulted in a 10% permanent disability to McCraw's right thumb.

McCraw filed the present action on December 1, 1961. The amended complaint was filed on June 15, 1962. The amended complaint briefly alleges the facts leading up to McCraw's suspension and the injury to his thumb. It alleges that the fine and suspension were illegal, that he had been denied his rights to participate in union meetings and elections and has been discriminated against in many other ways, and that as a result of the defendants' misconduct he has suffered "physical, financial and psychic damage." It seeks such relief "as may be appropriate," including injunctive relief, damages to the date of trial, and attorney's fees. It also demanded a jury trial. The District Judge was of the opinion that jurisdiction existed to hear the complaint under Section 102 of the Act, Section 412, Title 29 United States Code. He was also of the opinion that all of the requirements of Section 101(a) (5) of the Act, Section 411(a) (5), Title 29 United States Code, were met, including notice of the charges and a reasonable opportunity to prepare a defense, that McCraw was afforded a full and fair hearing, that nothing appeared in the record that questioned the impartiality of the Executive Board of the procedure followed by it, and that McCraw's failure to present witnesses and his refusal to make a statement on his own behalf was his own choice, of which he could not complain. However, he was also of the opinion that the action of the Local Union in imposing a fine violated Section 101(a) (4) of the Act, Section 411(a) (4), Title 29 United States Code, which, with certain provisos, prohibits unions from disciplining members for instituting actions before any court or administrative agency. He rejected McCraw's claim for damages because of alleged loss of employment by reason of discrimination on the part of the Local Union and also because of the physical injury to his thumb. He also rejected McCraw's request for the allowance of attorney's fees. An order was entered setting aside the $100.00 fine against McCraw and providing that upon seasonal tender by him of current dues, the Local Union should accept such dues without payment of any reinstatement fee and reinstate McCraw to full membership without loss of any rights or privileges by reason of any loss by suspension. He allowed McCraw nominal damages in the sum of $1.00 against both defendants.

McCRAW'S APPEAL — No. 15,533

McCraw contends (1) that the District Judge erred in denying him a trial by jury, which was demanded by his amended complaint, (2) that the District Judge should have tried his common law damage claim along with his statutory claim under the Landrum-Griffin Act, and (3) that the District Judge should have awarded him attorney's fees. We find no merit in any of these contentions.

With respect to trial by jury, McCraw argues that his claim for damages was a claim recognized at common law, and if he was entitled to such damages it was equivalent to a money judgment and that the denial of a trial by jury contravened the Seventh Amendment of the United States Constitution. This question is thoroughly briefed by counsel for the unions, but we believe it is unnecessary to review it in...

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