Skyberg v. United Food and Commercial Workers Intern. Union, AFL-CIO
| Decision Date | 14 September 1993 |
| Docket Number | Nos. 92-3134,92-3342,AFL-CIO,s. 92-3134 |
| Citation | 5 F.3d 297 |
| Parties | 144 L.R.R.M. (BNA) 2234, 126 Lab.Cas. P 10,850 Duane SKYBERG, Appellant, v. UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION,; United Food and Commercial Workers International Union, Local 304A, Appellees, Duane SKYBERG; Roger Raile; Pat Siemonsma; Mark Reichelt; Gene E. Kessinger; Richard W. Erickson; Richard L. Schmidt; L.C. Cruthird; J.B. Tate; Dale M. Bergh; Lowell D. Larson; Roger H. Christensen; Ronald Costain; John H. Cox, Jr.; Wayne C. Wieczorek; George S. Shaw; Dennis Tilden; Lana Ingalls; Edwin A. Haffner; Keith E. Hodge; Robert M. Janssen; Neil C. Carpenter; Gary Voight; Richard Kloxin; General Lee Hardy; Leon Schoenwald; Eugene Haugstad; Don E. Hess; Paul Jackson; Bert VanderWaal; Jack A. Wiles; Gerald B. O'Brien; Gary L. Rames; Roger Benson; Leonard N. Otkin; Ray Ridenour; Albert VonBehren; Galen Ganschow; Gerald D. Skillman; Donnell Spears; William R. Wells; Linda R. Skillman; George W. Cleveland; Robert K. Boyum; Grant Edgecomb; Donald Gelskow; Duane Bolte; Michael E. Foss; Merlyn D. Tieszen; Kenneth C. Stanga; Marlyn Hylland; Rick A. Rieck; Gayle L. Holida; Francis Tindall; Terry Schlotterback; Duane V. Murra; Norman O. Schumaker; Alfred C. Hyser; James Spars; Eugene W. Heiden; Leon N. Anderson; David McCoy; Jerry Friessen; Jeffery Nelson; Dennis Arens; Russell F. Dietz; Darrell Newbern; Charles Amelang; Doug Sandberg; Wayne Kingsboro; Waldon Frerichs; Roger R. Allington; Mark Sinning; Dennis L. Bamsey; Dick E. Walters; Duane A. Nelson; Doris A. Walters; Linden Fickbohm; Dale L. Jibben; Robert Purlee; Ronald Tammen; Albert G. Kasemodel; Wayne Yarrow; Hurley Breen; Douglas Haugstad; Thomas H. Brown; Dale Tracey; Wayne J. Brannan; Mark F. Darger; William L. DeLay; Jerome P. Geraets; Dennis Krueger; Franz Frerichs; Jan M. Aichele; Darrell G. Messer; Gerrit M. Van Laar; Richard J. Kueter; Jeremiah W. Smith; Carl Dammer; Robert J. Snyders; George R. Redenius; Thomas J. McMohon; Leamon Hendrix; Wessley L. Campbell; Anthony J. Irvine; Dan Moran; Willa |
| Court | U.S. Court of Appeals — Eighth Circuit |
A. Stevenson Bogue, Omaha, NE, argued (A.J. Swanson, Sioux Falls, SD, on the brief), for appellants.
Theodore Sachs, Detroit, MI, argued (Mary Ellen Gurewitz, Detroit, MI, on the brief), for appellee UFCW Intern. Union.
Irving M. King, Chicago, IL, argued (Kelly J. Hupfeld, on the brief), for appellee UFCW Local Union 304A.
Before JOHN R. GIBSON, Circuit Judge, ROSS, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.
This appeal is brought by 426 individuals (the "employees") who were employed at the John Morrell & Co. ("Morrell") meat packing plant in Sioux Falls, South Dakota, and who were also members of the labor unions representing the plant workers, Local 304A, United Food and Commercial Workers Union, and United Food and Commercial Workers International Union, AFL-CIO (collectively referred to as the "unions"). The employees filed suit alleging that the unions had breached their duty of fair representation to the employees by failing to properly advise the employees as to the legal consequences of their participation in a sympathy strike. The district court dismissed the action, concluding that the case was barred by the six-month statute of limitations. We affirm.
According to the complaint, the employees engaged in a sympathy strike from May 1, 1987, through November 4, 1987, in support of a union strike at the Morrell plant in Sioux City, Iowa. When the employees attempted to return to work following the strike, Morrell informed them they had been permanently replaced. The unions then filed grievances alleging, among other things, that Morrell had failed to return the employees to work in a timely manner. The matter was submitted to arbitration and, on November 5, 1988, the arbitrator held that the collective bargaining agreement did not prohibit the sympathy strike, that the employees were entitled to displace the strike replacements and were entitled to backpay.
In the meantime, Morrell sued the unions in federal district court. A jury found the strikes were unlawful under the no-strike clause of the collective bargaining agreement and awarded $24.6 million to Morrell. Morrell thereafter moved...
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