Legutko v. Local 816, Intern. Broth. of Teamsters

• Decision Date: 29 March 1985
• Docket Number: No. CV84-1395.,CV84-1395.
• Citation: 606 F. Supp. 352
• Parties: Michael A. LEGUTKO, Patrick Walters, Steven Agnostakios, and John T. Golinski, on behalf of Themselves and Others Similarly Situated, Plaintiffs, v. LOCAL 816, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, and International Brotherhood of Teamsters and Wallack Freight Lines, Defendants.
• Court: U.S. District Court — Eastern District of New York

606 F. Supp. 352

Michael A. LEGUTKO, Patrick Walters, Steven Agnostakios, and John T. Golinski, on behalf of Themselves and Others Similarly Situated, Plaintiffs, v. LOCAL 816, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, and International Brotherhood of Teamsters and Wallack Freight Lines, Defendants.

No. CV84-1395.

United States District Court, E.D. New York.

March 29, 1985.

COPYRIGHT MATERIAL OMITTED

Hall, Clifton & Schwartz by Arthur Schwartz, New York City, for plaintiffs.

Cohen, Weiss & Simon by Jani Rachelson, New York City, for defendant Local 816.

Shaw, Goldman, Licitra, Levine & Weinberg, Garden City, N.Y. for defendant Wallack Freight Lines.

Herbert New, Clifton, N.J., co-counsel for defendant Wallack Freight Lines.

MEMORANDUM AND ORDER

WEXLER, District Judge.

This is a labor case.

Plaintiffs have moved to amend their complaint, for class certification, and for partial summary judgment. Defendant Wallack has moved for summary judgment and to strike plaintiffs' jury demand. Defendant Local has moved for summary judgment.

We see no reason to deny plaintiffs leave to amend their complaint. Accordingly, the proposed second amended complaint may be filed.

I. FACTS

Plaintiffs' version of the facts is as follows:

In June 1982 defendant Wallack Freight Lines, plaintiffs' employer, proposed a one-year rider to a pre-existing contract between the employer and the defendant union local. The rider included a provision for a five-day work week and a ten-hour work day without overtime pay. The local conducted a vote on the rider. The vote was 23-12 against the rider. Ten days later, without advanced notice, the local conducted a second vote. The vote was 18-17 in favor of the rider, with 3 union members not present. The local then executed the rider.

In August 1982 plaintiff Legutko circulated a petition among his co-workers. The petition requested the International Union to intervene. The employer's officer took the petition from Legutko and threatened to fire him if he circulated the petition any further.

In June 1983 the local conducted a vote on whether to extend the rider for another year. The vote was 22-12 against extension. Despite the vote, the local executed an extension of the rider, contending that a two-thirds majority was required for rejection of the extension.

In August 1983 plaintiff Legutko asked the International Union to intervene. It did not do so.

In June 1984 the local again conducted a vote on the rider. The vote was 23-18 against the rider. The local did not execute the rider. The employer began paying overtime. In September 1984 the local conducted a second vote. The vote was 36-12 in favor of the rider.

Plaintiffs assert nine causes of action:

1. The June 1982 execution of the rider by the local following its initial rejection by a majority of the membership and subsequent approval by less than a majority of the total membership in a vote taken without advanced notice violated the International Union's constitution, and so violated 29 U.S.C. § 185 and state common law.

2. and 3. The June 1982 actions by the local violated 29 U.S.C. § 411(a)(1), which concerns equality of union member voting rights.

4. The June 1983 execution of the rider by the local despite its rejection by a majority vote violated the International Union's constitution, and so violated 29 U.S.C. § 185 and state common law.

5. The June 1983 action by the local violated 29 U.S.C. § 411(a)(1), which concerns equality of voting rights.

6. The employer's failure to pay overtime breached the contract as the contract would have read without the rider, in violation of 29 U.S.C. § 185.

7. The employer's failure to pay overtime violated 29 U.S.C. § 207(a)(1), which concerns overtime.

8. The September 1984 decision by the local to conduct a second vote violated 29 U.S.C. § 411(a)(1), concerning equality of voting rights. Plaintiffs also assert a claim against the International Union for its failure to intervene since August 1983, although the legal basis for this claim appears ambiguous.

9. The August 1982 threat by the employer's officer to discharge Legutko if Legutko continued to circulate a petition violated 29 U.S.C. § 215(a)(3).

II. STATUTE OF LIMITATIONS

Defendants contend that the first five causes of action are barred by the six month limitation established in DelCostello v. International Broth. of Teamsters, 462 U.S. 151, 103 S.Ct. 2281, 76 L.Ed.2d 476 (1983). There, the Court borrowed the six month limitation for bringing charges of unfair labor practices before the NLRB under 29 U.S.C. § 160(b) and applied it to a suit by an employee against an employer for breach of contract and against the union for mishandling of the ensuing grievance or arbitration.

A. CLAIMS UNDER 29 U.S.C. § 411

The Supreme Court in DelCostello emphasized that virtually all unfair labor practice charges made by workers against unions involve allegations of unfair, arbitrary, or discriminatory treatment of workers by unions. 103 S.Ct. at 2293-2294. The Court thus implied that cases involving allegations of unfair, arbitrary, or discriminatory treatment by unions of workers should ordinarily be governed by the six month limitation for bringing charges of unfair labor practices before the NLRB. Actions brought under 29 U.S.C. § 412 for violations of the union members' "bill of rights" set forth in 29 U.S.C. § 411 certainly involve such allegations of unfair, arbitrary, or discriminatory treatment. Accordingly, this Court has previously applied a six month limitation for such actions. Turco v. Local Lodge 5, Int. Broth. of Teamsters, 592 F.Supp. 1293 (E.D.N.Y.1984) (Wexler, J.); Agola v. Hagnar, No. CV 82-0013 (E.D.N.Y. 9/24/84) (Mishler, J.). Although there is authority from this Court for the proposition that a six month limitation will not apply in suits which do not implicate the rights of an employer, Gordon v. Winpisinger, 581 F.Supp. 234 (E.D.N.Y.1984) (McLaughlin, J.), that view has not been adopted in several other decisions by this Court, Turco; Agola; Monarch Long Beach Corp. v. Soft Drink Workers, 593 F.Supp. 384 (E.D.N.Y.1984) (Wexler, J.).

In the instant case, plaintiffs' claims against the union local for violations of equal voting rights under 29 U.S.C. § 411(a)(1) are closely related to breach of contract claims against the employer under 29 U.S.C. § 185. Plaintiffs contend that the employer knew that the local acted illegally, that the employer therefore cannot rely upon the local's ratification of the rider, and that the employer is therefore liable for breach of the contract as the contract would have read without the rider. Consequently, the instant suit is closely analogous to the type of "hybrid" suit involved in DelCostello. Hence, even under this Court's reasoning in Gordon it would appear that the instant claims under 29 U.S.C. § 411(a)(1) should be governed by a six month limitation. Further, the instant case is very similar to an earlier case handled by this Court, Costanzo v. United Parcel Service, Inc., 573 F.Supp. 1118 (E.D.N.Y.1983) (Nickerson, J.). There, this Court applied a six month limitation to a suit against a union for breach of the duty of fair representation by ratifying a contract without membership approval, and against an employer for "joining in the breach". Further, even if plaintiffs in the instant suit had not sued the employer, their claims against the union would still be closely involved with the process of collective bargaining agreement formation. The Court in DelCosello suggested that suits involved with the formation of collective bargaining agreements and the private settlement of disputes under them should not be governed by state law limitations. 103 S.Ct. at 2289.

For the above reasons, we hold that the instant claims for violation of equal voting rights in connection with a contract ratification vote under 29 U.S.C. § 411(a)(1) are governed by a six month limitation borrowed from 29 U.S.C. § 160(b). Consequently, the second, third, and fifth causes of action are timed-barred and will be dismissed. We do not at the present time determine whether the precise facts alleged in the complaint make out a violation of 29 U.S.C. § 411(a)(1) by the local. We also do not address the issue of whether and under what circumstances a contract will be voided if the contract was ratified by a union as a result of procedures violative of 29 U.S.C. § 411(a)(1).

B. CLAIMS UNDER 29 U.S.C. § 185

The first and fourth causes of action deal with alleged violations of the international union constitution and are brought under 29 U.S.C. § 185.

Before determining the proper limitation for these claims, we will first determine whether these claims are authorized under 29 U.S.C. § 185.

1. STANDING

Suits, such as the instant suit, for breach of a union constitution, are not perfectly analogous to ordinary breach of contract actions under 29 U.S.C. § 185. Nevertheless, an international union constitution is a "contract" within the meaning of 29 U.S.C. § 185. United Ass'n of Journeymen v. Local 334, 452 U.S. 615, 101 S.Ct. 2546, 69 L.Ed.2d 280 (1981).

Although the Supreme Court has not yet decided whether individual union members can sue for a breach of an international union constitution, id., 452 U.S. at 627 n. 16, 101 S.Ct. at 2553, n. 16, the Second Circuit has implied that individual union members can under certain circumstances sue an international union on the basis of a charter granted by an international union to a union local, Abrams v. Carrier Corp., 434 F.2d 1234, 1248 (2d Cir.1970), and has allowed individual members of one union to sue another union on the basis of the AFLCIO Constitution, Santos v. Dist. Council of New York City, Etc., 547 F.2d 197, 199-201 (2d Cir.1977). This Court has recently held that individual union members may sue their international union for breach of an international union constitution provision concerning strike benefits, provided that the...