602 F.2d 664 (4th Cir. 1979), 78-1704, Ekas v. Carling Nat. Breweries, Inc.

Docket Nº:78-1704.
Citation:602 F.2d 664
Party Name:Earl EKAS and Martin Feurer, Jr., On behalf of themselves and all others similarly situated, Appellants, v. CARLING NATIONAL BREWERIES, INC., a Virginia Corporation, and Brewery Workers Local Union No. 1010, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, and William J. Farley, as the rep
Case Date:August 03, 1979
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit
 
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Page 664

602 F.2d 664 (4th Cir. 1979)

Earl EKAS and Martin Feurer, Jr., On behalf of themselves

and all others similarly situated, Appellants,

v.

CARLING NATIONAL BREWERIES, INC., a Virginia Corporation,

and Brewery Workers Local Union No. 1010, affiliated with

the International Brotherhood of Teamsters, Chauffeurs,

Warehousemen and Helpers of America, and William J. Farley,

as the representative of a class of all Individuals employed

by Carling National Breweries, Inc., at its Dillon Street

Plant, Appellees.

No. 78-1704.

United States Court of Appeals, Fourth Circuit

August 3, 1979

Argued May 7, 1979.

Page 665

Edward J. Gutman, Baltimore, Md. (Jacob Blum, Rochelle S. Eisenberg, Blum, Yunkas, Mailman & Gutman, P. A., Baltimore, Md., on brief), for appellants.

Leonard E. Cohen, Baltimore, Md. (Neal Serotte, Frank, Bernstein, Conaway & Goldman, Baltimore, Md., on brief), for appellee Carling National Breweries, Inc.

Marvin Poe Sklar, Baltimore, Md., for appellee Brewery Local No. 1010.

Before WINTER, BUTZNER and PHILLIPS, Circuit Judges.

WINTER, Circuit Judge:

Earl Ekas and Martin Feurer, Jr., on behalf of a class of plaintiffs who are employees of Carling National Breweries' Beltway plant, seek to enjoin the enforcement of a memorandum of understanding between Carling and Brewery Workers Local No. 1010, their collective bargaining representative. The understanding, which arose out of Carling's decision to shut down its Dillon Street plant, merges the seniority lists of the Beltway and Dillon Street plants, with the result that some of the Dillon Street employees will be able to continue working while some of the Beltway employees will be laid off. Finding that

Page 666

the union possessed the authority to enter into the understanding and that, by doing so, it did not breach its duty of fair representation to the Beltway employees, the district court denied the requested relief. We affirm.

I.

The facts are essentially undisputed. Since 1975, Carling has operated two facilities for the brewing and packaging of beer and other malt beverages in the Baltimore area: the Beltway and the Dillon Street plants. Although the employees at both locations were represented by the same union, Brewery Workers Local No. 1010, separate collective bargaining agreements, including separate seniority provisions, were negotiated for each plant effective July 1976. Neither agreement provided for the integration of the seniority lists of the two plants in the event of a consolidation of operations. Nor was any provision made for the amendment of the seniority terms so as to allow such integration.

In April 1978, Carling decided to close its...

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