Lewis v. International Broth. of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local Union No. 771, 86-1644

Citation826 F.2d 1310
Decision Date21 August 1987
Docket NumberNo. 86-1644,86-1644
Parties126 L.R.R.M. (BNA) 2030, 56 USLW 2124, 107 Lab.Cas. P 10,102 Rollin LEWIS, Appellant, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, LOCAL UNION NO. 771 and Kenneth C. Laukhuff.
CourtUnited States Courts of Appeals. United States Court of Appeals (3rd Circuit)

David L. Williams (argued), Morgan, Hallgren, Crosswell & Kane, P.C., Lancaster, Pa., for appellant.

Ira H. Weinstock (argued), Gerard M. Mackarevich, Ira H. Weinstock, P.C., Harrisburg, Pa., for appellees.

Before SLOVITER, BECKER and GARTH, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I. Facts

This appeal arises from the district court's dismissal of an action brought by a member of a local union against his Local and its president for breach of a provision of the international union's constitution. Appellant Rollin Lewis is employed by Yellow Freight System, Inc. (Yellow Freight) and is a member of appellee Local Union No. 771 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (Local 771), which has a collective bargaining contract with Yellow Freight. Appellee Kenneth C. Laukhuff was the president of Local 771 and Lewis was the shop steward at the time the actions at issue occurred. In the procedural posture of this case, we must accept as true the well-pleaded allegations of the complaint.

The complaint alleges that Yellow Freight unilaterally implemented an attendance/absentee policy (absentee policy) in September 1984 and that as a result of a group grievance concerning the policy, the Central Pennsylvania Joint Area Grievance Committee ruled that Yellow Freight must first negotiate with Local 771. Such negotiations were then conducted. By a letter dated April 18, 1985, signed by Laukhuff and the secretary-treasurer of the Local, Local 771 informed its members of Yellow Freight's negotiating position, stated that the Local "will not be placed in the position of forcing policies upon our members," requested the members to vote on the absentee policy on the secret ballot that was enclosed, and stated that, "[a] 51% majority is necessary to implement these policies" and "[a] majority vote opposing these policies would refer the case to Central Pennsylvania Joint Area Grievance Committee." App. at 13. The Yellow Freight road drivers voted against the absentee policy as outlined in the April 18 letter. App. at 6.

By letter dated May 20, 1985 and signed by Laukhuff, the members of Local 771 were informed that an absentee policy had been agreed to by Local 771 and Yellow Freight for a trial period of 60 days. App. at 15. Lewis alleges that at the time the absentee policy agreement was executed by Yellow Freight and Local 771, Laukhuff represented to the union representatives that the policy would be put to a vote within the 60-day trial period. App. at 7. Lewis was one of the union representatives who signed the agreement. App. at 19. By letter dated July 15, 1985, Laukhuff informed the members of Local 771 that "the company has the right to establish an absentee policy" and that "the policy cannot be voted on." App. at 24.

The complaint further alleges that on August 5, 1985 Lewis filed a grievance protesting the absentee policy as too strict and as forcing a driver to drive while fatigued or sick, and complaining about the inability of the members to vote on the policy. App. at 26-27. The grievance was dismissed by the Central Pennsylvania Joint Area Grievance Committee on September 12, 1985 on the ground that "the case is improper before the Committee." App. at 29. On September 28, 1985 a group grievance was filed by members of Local 771 asking that the absentee policy be renegotiated and be voted on as promised before its approval. That grievance was also denied as "improper before the committee" on November 6, 1985. App. at 40.

Lewis then filed a complaint against Local 771 and Laukhuff in state court on March 10, 1986, which was within six months of the denial of his grievance. The complaint asserts that the actions of defendants in denying Lewis and other union members the right to vote on the disputed absentee policy is in violation of Article XVI, Section 4(a) of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America Constitution which requires that amendments to local or area supplements of the master collective bargaining contract (such as the absentee policy) which are voluntarily negotiated must be approved by a secret ballot majority vote of the affected members. The action was removed by the defendants to the United States District Court for the Eastern District of Pennsylvania on the ground that it alleges a violation of plaintiff's rights under section 301 of the Labor Management Relations Act.

Defendants then filed a motion to dismiss the complaint on the ground that it was filed more than six months after the July 15, 1985 letter advising the union members that the policy would not be voted on. The district court did not reach this issue but dismissed Lewis' complaint, citing West v. Conrail, 780 F.2d 361 (3d Cir.1985). Lewis appeals from that order.

II. Jurisdiction

Although no party raised an issue of subject matter jurisdiction, every federal appellate court "has a special obligation to 'satisfy itself not only of its own jurisdiction, but also that of the lower courts,' " in every appeal presented to it, regardless of whether the parties contest jurisdiction. Bender v. Williamsport Area School District, 475 U.S. 534, ----, 106 S.Ct. 1326, 1331, 89 L.Ed.2d 501 (1986) (quoting Mitchell v. Maurer, 293 U.S. 237, 244, 55 S.Ct. 162, 165, 79 L.Ed. 338 (1934)). See also Trent Realty Assocs. v. First Fed. Sav. & Loan Ass'n of Philadelphia, 657 F.2d 29, 31 (3d Cir.1981). In response to this court's sua sponte inquiry, the parties assert that a district court has subject matter jurisdiction over a case where individual members of a union have sued their union for breach of a union constitution by virtue of section 301(a) of the Labor Management Relations Act (LMRA), 29 U.S.C. Sec. 185(a). That issue has not previously been addressed by this court.

Section 301(a) provides:

Suits for violation of contracts between an employer and a labor organization representing employees in an industry affecting commerce ..., or between any such labor organizations, may be brought in any district court of the United States having jurisdiction of the parties, without respect to the amount in controversy or without regard to the citizenship of the parties.

29 U.S.C. Sec. 185(a).

In United Ass'n of Journeymen & Apprentices of the Plumbing & Pipefitting Indus. of the United States & Can. v. Local 334, United Ass'n of Journeymen & Apprentices of the Plumbing & Pipefitting Indus. of the United States & Can., 452 U.S. 615, 622, 101 S.Ct. 2546, 2550, 69 L.Ed.2d 280 (1981) (Journeymen ), the Court held that "a union constitution is a 'contract' within the plain meaning of Sec. 301(a)." In Journeymen, the local union brought suit against its parent international union, alleging a violation of the International's constitution. The Court characterized the constitution as a "contract between labor organizations." Id. at 619, 101 S.Ct. at 2549. Thus, Journeymen established the proposition that section 301(a) provides a basis for jurisdiction when one union sues an affiliated union for violation of its constitution. In so holding, the Court expressly rejected this court's position that only disputes with a "significant impact" on labor-management relations should trigger section 301(a) jurisdiction. 452 U.S. at 623-25, 101 S.Ct. at 2550-52.

The appeal before us raises an issue not considered in Journeymen, that is whether an individual union member may sue under section 301(a) for a violation of the International's constitution. 1 In Kinney v. International Bhd. of Elec. Workers, 669 F.2d 1222, 1229 (9th Cir.1982), the only court of appeals decision on this issue after Journeymen, the court reaffirmed its earlier precedent that an individual union member may bring suit on a union constitution against a labor organization. Accord Alexander v. International Union of Operating Eng'rs, 624 F.2d 1235, 1238 (5th Cir.1980) (union member may bring action under section 301(a) against Local and International for violation of International's constitution). This is in line with the earlier decision in Abrams v. Carrier Corp., 434 F.2d 1234, 1248 (2d Cir.1970), cert. denied, 401 U.S. 1009, 91 S.Ct. 1253, 28 L.Ed.2d 545 (1971), holding that union members could bring an action under section 301(a) alleging that the International violated the charter and bylaws that it granted to the local union if the members alleged that the local union failed to enforce the rights protected in those documents. 2

Two circuits, in opinions decided before Journeymen, held that section 301(a) does not provide jurisdiction in a suit by individual union members for violations of a union constitution. See Trail v. International Bhd. of Teamsters, 542 F.2d 961, 967-68 (6th Cir.1976); Adams v. International Bhd. of Boilermakers, 262 F.2d 835, 838 (10th Cir.1959). The Trail decision has been considered controlling by district courts in that circuit even after Journeymen. See, e.g., Warner v. McLean Trucking Co., 627 F.Supp. 203, 217-18 (S.D.Ohio 1985); Frenza v. Sheet Metal Workers' International Ass'n, 567 F.Supp. 580, 584-85 (E.D.Mich.1983); see also Petrowski v. Kilroy, 609 F.Supp. 220, 222-24 (E.D.Pa.1985). We believe, however, that the reasoning of these two decisions has been undermined by subsequently decided Supreme Court cases and hold that an individual union member may have standing to bring a section 301(a) suit against a union based on the union's constitution.

We begin with the analysis employed in the Court's opinion in Journeymen. In finding that a union constitution is a contract...

To continue reading

Request your trial
38 cases
  • Balsavage v. Ryder Truck Rental, Inc.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • 11 Mayo 1989
    ...828 F.2d 123, 133 (3d Cir.1987), cert. denied, ___ U.S. ___, 108 S.Ct. 773, 98 L.Ed.2d 860 (1988); Lewis v. International Bhd. of Teamsters, 826 F.2d 1310, 1317-18 (3d Cir.1987) (both cases applying same rule to DelCostello limitation of claim for violation of union constitution). All the c......
  • Medley v. Atl. Exposition Servs., Inc.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • 26 Julio 2021
    ...2008) (quoting Wall v. Constr. & Gen. Laborers’ Union, Local 230, 224 F.3d 168, 178 (2d Cir. 2000)) ; see also Lewis v. Int'l Bhd. of Teamsters, 826 F.2d 1310, 1314 (3d Cir. 1987) ("[A] federal court has jurisdiction under [LMRA] section 301(a) over suits brought by an individual union memb......
  • Fleming v. United Parcel Service, Inc.
    • United States
    • Superior Court of New Jersey
    • 22 Enero 1992
    ...in any event be time barred. Bonds v. Coca-Cola Co., 806 F.2d 1324, 1326-27 (7th Cir.1986); see also, Lewis v. Intern. Broth. of Teamsters, Local 177, 826 F.2d 1310, 1317 (3rd Cir.1987). Even if Fleming had filed this lawsuit timely, his Second and Fifth Count claims would nevertheless be b......
  • Carrington v. RCA Global Communications, Inc.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • 26 Abril 1991
    ...to the employee. Scott v. Int'l Brotherhood of Teamsters, 725 F.2d 226, 229 (3d Cir.1984). See also Lewis v. Int'l Brotherhood of Teamsters, 826 F.2d 1310, 1318 (3d Cir.1987). In either case, it is plain that plaintiff's "discovery" of the violation was triggered well before six months prio......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT