Bruen v. LOCAL 492 INTERNATIONAL UNION OF ELEC. R. & M. WKRS., 17969.
| Decision Date | 28 April 1970 |
| Docket Number | No. 17969.,17969. |
| Citation | 425 F.2d 190 |
| Parties | Virgele BRUEN, Appellant, v. LOCAL 492 INTERNATIONAL UNION OF ELECTRICAL RADIO AND MACHINE WORKERS, AFL-CIO and Charles Garland, Individually and in his Official capacity and, Newark Lamp Plant Division of General Electric Company. |
| Court | U.S. Court of Appeals — Third Circuit |
Julius B. Poppinga, McCarter & English, Newark N. J. (John R. Drosdick, Newark, N. J., on the brief), for appellee, Newark Lamp Plant of General Electric Co.
Melvin Warshaw, Washington, D. C., International Union of Electrical Radio and Machine Workers, for appellee, Local 492, etc.
Before HASTIE, Chief Judge, and MARIS and ADAMS, Circuit Judges.
This is an appeal by the plaintiff from a judgment of the District Court for the District of New Jersey dismissing her complaint under section 301(a) of the Labor-Management Relations Act of 1947, 29 U.S.C.A. § 185(a), which alleged that the defendants had arbitrarily, maliciously and in bad faith removed the plaintiff's seniority rights in her employment by adopting a discriminatory local agreement and which sought their restoration with back pay and benefits. It appears that the plaintiff had been an employee of the General Electric Company in its Seaboard Lamp Division in Newark, New Jersey, from May 11, 1943 until June 23, 1961, when she was laid off. On October 26, 1961 she was rehired by the General Electric Company in its Newark Lamp Division which was located in the same building in Newark as the Seaboard Lamp Division. She is still employed in the Newark Lamp Division.
The defendants Local 492 and Newark Lamp Division of the General Electric Company on November 26, 1958 had entered into a local agreement which, inter alia, laid down the criteria for determining the seniority of employees in case of reduction of force. Under that agreement all employees then in the Newark Lamp Division were to have their seniority determined by their total length of service with General Electric Company, whereas employees subsequently hired by the Division after layoff from another component of General Electric Company were to have their seniority based on their service in the Newark Lamp Division only. Under this provision the plaintiff has received no seniority credit for her prior service in the Seaboard Lamp Division. It is this provision which the plaintiff urges is arbitrary...
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