Claycraft Co. v. United Mine Workers of America
| Citation | 204 F.2d 600 |
| Decision Date | 22 May 1953 |
| Docket Number | No. 11686.,11686. |
| Parties | CLAYCRAFT CO. v. UNITED MINE WORKERS OF AMERICA. |
| Court | United States Courts of Appeals. United States Court of Appeals (6th Circuit) |
Lyman A. Brownfield, Columbus, Ohio (Brownfield, Ford & Douglas, Columbus, Ohio, on the brief), for appellant.
Aubrey A. Wendt, Columbus, Ohio (Jenkins, Williams, Wendt, Murray & Deeg, Columbus, Ohio, on the brief), for appellee.
Before ALLEN, McALLISTER, and MILLER, Circuit Judges.
This is an appeal from an order of the district court quashing service of summons upon appellee, United Mine Workers of America.
The Claycraft Company brought suit against the union under the provisions of the Labor Management Relations Act of 1947. Service of summons was made upon Daniel Sandy, director of Region 34 of District 50 of the United Mine Workers of America, hereinafter called the International. Appellee thereafter filed a motion to quash on the ground that Sandy was unauthorized, either by appointment, law, or rule, to accept service of process for the union.
The proofs were taken by way of deposition and are set forth in an affidavit of appellant's counsel and an affidavit by Sandy. The facts themselves are not in dispute, although the legal conclusions, which are set forth in the affidavits as facts, are in conflict. Upon these proofs, the district court entered an order quashing service of the summons.
Sandy is the regional director of Region 34 of District 50 of the International. Title 29 U.S.C.A. § 185(d), provides: "The service of summons, subpena, or other legal process of any court of the United States upon an officer or agent of a labor organization, in his capacity as such, shall constitute service upon the labor organization."
The sole issue presented, then, is whether Sandy was an agent of the International for service of process. That, in turn, depends upon whether District 50 and the International are separate autonomous entities, or whether District 50 is merely a part of the International and an agency through which it carries on its work. The actual relationship, therefore, between District 50 and the International must be determined. See Isbrandtsen Co., Inc., v. National Marine Engineers' Beneficial Ass'n, D.C.N.Y., 9 F.R.D. 541.
District 50 has no constitution. Its existence depends upon a provision of Article XX of the constitution of the International which provides:
"District 50, United Mine Workers of America, subject to the jurisdiction and regulation of the International Executive Board, is hereby created and set up under authority of the International Union and may adopt by-laws and rules not inconsistent with this Constitution."
Under the above provision, District 50 has a book of rules which carries on its flyleaf the names of the officers of the International union, and which provides, in Article I:
"This organization shall be known as District 50, United Mine Workers of America and shall work under and be subject to the Constitution of the International Union, as provided in Article XX thereof."
Under Article XX of the constitution of the International, an Administrative Officer is appointed.
In the rules of District 50, it is provided:
Article V of the rules of District 50 provides:
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EQUAL EMPLOY. OP. COM'N v. Raymond Metal Prod. Co.
...the Local in the charge and making service upon it was sufficient as process against the International. Claycraft Co. v. United Mine Workers of America, 204 F.2d 600, 603 (6th Cir. 1953). Second, both the International and the Local argue that they are improperly before this Court in that t......
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Deboles v. Trans World Airlines, Inc.
...United States, 275 F.2d 610 (4th Cir.), cert. denied, 362 U.S. 975, 80 S.Ct. 1060, 4 L.Ed.2d 1011 (1960); Claycraft Co. v. United Mine Workers of America, 204 F.2d 600 (6th Cir. 1953); Kreshtool v. International Longshoremen's Ass'n, 242 F.Supp. 551 The Pennsylvania law has developed along ......
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UNITED MINE WKRS. OF AMERICA v. Meadow Creek Coal Co.
...Management Relations Act of 1947 29 U.S.C.A. § 185 (d). That argument has been rejected by this court in Claycraft Co. v. United Mine Workers of America, 6 Cir., 204 F. 2d 600. But, even if the Claycraft case could be distinguished in principle, which we think it cannot be, we are of opinio......
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Hardison v. Trans World Airlines
...on The International. See Deboles v. Trans World Airlines, Inc., 350 F.Supp. 1274 (E.D.Pa.1972) and Claycraft Co. v. United Mine Workers of America, 204 F.2d 600 (6th Cir. 1953). We further find and conclude that because Local 1650, District 142, and The International are not autonomous, th......