Lipka v. Minnesota School Employees Ass'n, Local 1980, C1-95-707
| Decision Date | 26 September 1995 |
| Docket Number | No. C1-95-707,C1-95-707 |
| Citation | 537 N.W.2d 624 |
| Parties | 150 L.R.R.M. (BNA) 2694, 103 Ed. Law Rep. 813 Judith LIPKA as Special Administrator of the Estate of Marianne Bohl, Appellant, v. MINNESOTA SCHOOL EMPLOYEES ASSOCIATION, LOCAL 1980, et al., Respondents. |
| Court | Minnesota Court of Appeals |
Syllabus by the Court
1. Claims for breach of contract, tortious interference with contract, and unfair
representation do not abate upon a plaintiff's death; however, claims for assault, emotional distress, and Minnesota Human Rights Act violations do abate unless special damages are pleaded and proved.
2. A union does not breach its duty of fair representation where there is no evidence of unfair enforcement of the collective bargaining agreement.
3. A union's constitution and bylaws are enforceable contracts; however, a plaintiff may not recover for breach of contract unless there are damages resulting from the breach.
4. A defendant is not liable for tortious interference with a union constitution if there are no damages resulting from the breach.
5. A plaintiff must prove the existence of a contract for a tortious interference with contract claim.
Susan A. McKay, Bemidji, for appellant.
Gregg M. Corwin, Karin E. Peterson, Gregg M. Corwin & Associates, St. Louis Park, for respondents.
Considered and decided by SCHUMACHER, P.J., and PETERSON and THOREEN, * JJ.
Judith Lipka as Special Administrator of the Estate of Marianne Bohl appeals from summary judgment, arguing there were questions of fact that precluded the entry of judgment and that the evidence was impermissibly weighed in favor of respondents Minnesota School Employees Association Service Employees International Union, AFL-CIO, CLC, Local 1980 (MSEA), the Bemidji Chapter Minnesota School Employees Association Service Employees International Union, AFL-CIO, CLC, Local 1980 (MSEA Bemidji), and Kenneth Stevens, in his individual capacity and in his official capacity as President of the Bemidji Chapter of the Minnesota School Employees Association Service Employees International Union, AFL-CIO, CLC, Local 1980 (Stevens). We affirm.
Marianne Bohl was hired by Independent School District No. 31 (ISD No. 31) in August or September 1985 as a substitute bus driver. Shortly thereafter, she received a permanent bus route for the transportation of special education children.
Bohl was a member of the MSEA Bemidji union. MSEA Bemidji was affiliated with the state-wide union, MSEA. MSEA in turn was affiliated with or chartered by Service Employees International Union AFL-CIO, CLC (International). MSEA functioned as the exclusive representative of non-supervisory employees.
There was a collective bargaining agreement between MSEA and ISD No. 31. It provided that the transportation coordinator may reduce a driver's hours "within the time spread of the pay level or as mutually agreed" upon by the employer and the employee. Under this agreement, the time spread for Bohl's pay level was six to six and one-half hours.
The relationship between International and MSEA and other locals was governed by a constitution and bylaws (International constitution). The International constitution contained provisions dealing with complaints against officers or other union members. The relationship between MSEA and MSEA Bemidji and other chapters was governed by a MSEA constitution and bylaws (MSEA constitution). The MSEA constitution also contained disciplinary provisions and required the executive director of the union to investigate charges to determine if disciplinary proceedings were warranted. ISD No. 31 also had a personnel manual for its employees, which forbade harassment and violence in the workplace.
Stevens was the elected president of MSEA Bemidji. He set the agenda for and ran the union meetings. ISD No. 31 had Stevens assign the number of children to each of the driver's routes. This affected the length of time it took to complete the route, which in turn affected the drivers' hourly wages.
Bohl and Stevens had a difficult working relationship. Bohl reported to superiors that Stevens drove unsafely. Stevens allegedly told Bohl that she did not have the fortitude to quit smoking; she needed a shave; her hair made her look like a "floozie"; she was a b-tch; and she had purple hair.
Bohl alleged that, in addition to making these verbal insults, Stevens assigned the routes unfairly. From 1986 until 1992, Bohl drove more than eight hours per shift. In the 1992-93 school year, Bohl's hours were cut from eight to six hours. Stevens alleged that other drivers' hours were also cut. After complaining to Stevens, Bohl was given seven and one-half hours.
Bohl also complained of one particular incident involving a meeting for special education drivers conducted on September 8, 1992. Bohl and her aide, Janet Haugen, were walking across the parking lot, when Stevens purportedly drove his bus towards them. They quickly moved out of his way. Stevens was driving so fast that Haugen claimed her hair was pulled back by the wind. Bohl reported the incident to the safety coordinator. After that, Cindy Stevens, Stevens' wife, told Bohl she was "going to kick [her]-ss." Bohl then began receiving hang-up phone calls and had a brick wrapped in children's pants filled with feces thrown at her door.
After trying to work out the conflicts, Bohl decided to take a custodial position within the school district. The union took no part in this transfer. While performing custodial duties, Bohl reinjured a pre-existing injury to her back. She received workers' compensation and did not return to work before her death.
Bohl filed a complaint with the ISD No. 31 about her problems with Stevens. The district investigated the matter and concluded "there wasn't significant evidence produced * * * to substantiate the allegations."
In early October 1992, Bohl expressed her concerns to MSEA and MSEA Bemidji. Chris Schaefer investigated the complaint to determine if ISD No. 31 had violated the collective bargaining agreement. Bohl spoke with Schaefer on a number of occasions during the investigation and taped their conversations. The union concluded that the district had not violated the agreement and thus there was no grievance. In late October 1992, Nancy Crippen, the executive director of MSEA, presented Bohl's complaint to the board. The board took no further action.
On March 15, 1993, Bohl filed a discrimination charge with the Minnesota Department of Human Rights. In April 1993, Bohl sued the MSEA, MSEA Bemidji, and Stevens, claiming assault, gender discrimination, reprisal, intentional and negligent infliction of emotional distress, unfair representation, breach of contract, conspiracy, and tortious interference with contract. MSEA, MSEA Bemidji, and Stevens moved for dismissal pursuant to Minn.R.Civ.P. 12; the motion was denied. A motion was then made for summary judgment. The court granted the motion on all counts, except for assault. Bohl and Stevens moved for reconsideration. The court granted the motion in favor of Stevens and entered summary judgment on the assault claim. On February 2, 1995, Bohl died. Judith Lipka was appointed special administrator and was substituted as plaintiff. Lipka appeals.
1. Which claims, if any, survived Bohl's death?
2. Did the district court err in granting summary judgment on the duty of fair representation claim?
3. Did the district court err in granting summary judgment on the breach of union constitution and bylaws claim?
4. Did the district court err in granting summary judgment on the claims of tortious interference and conspiracy to tortiously interfere with Bohl's contractual rights under the union constitution?
5. Did the district court err in granting summary judgment on the tortious interference with contractual relationship between Bohl and ISD No. 31 claim?
6. Are the tapes of phone conversations and transcriptions thereof a proper part of the record?
On appeal from summary judgment, this court decides whether there are any genuine issues of material fact and whether the district court correctly applied the law. State by Cooper v. French, 460 N.W.2d 2, 4 (Minn.1990). The evidence must be viewed "in the light most favorable to the party against whom judgment was granted." Fabio v. Bellomo, 504 N.W.2d 758, 761 (Minn.1993).
1. By notice of review, MSEA, MSEA Bemidji, and Stevens argue that Bohl's claims did not survive her death and thus the district court erred in appointing a special administrator. We conclude that some of Bohl's claims abated.
Under Minnesota law,
A cause of action arising out of an injury to the person dies with the person of the party in whose favor it exists, except as provided in section 573.02. All other causes of action by one against another, whether arising on contract or not, survive to the personal representatives of the former and against those of the latter.
Minn.Stat. § 573.01 (1994). Minn.Stat. § 573.02, subd. 2 (1994) provides:
When injury is caused to a person by the wrongful act or omission of any person or corporation and the person thereafter dies from a cause unrelated to those injuries, the trustee * * * may maintain an action for special damages arising out of such injury if the decedent might have maintained an action therefor had the decedent lived.
The statute does not define "injury to the person." Whether a claim survives lies "in the substance, not the form, of the cause of action." Beaudry v. State Farm Mut. Auto. Ins. Co., 518 N.W.2d 11, 13 (Minn.1994) (citing Webber v. St. Paul City Ry. Co., 97 F. 140, 145 (8th Cir.1899). The Eighth Circuit found that the test is whether injury to the person or breach of contract is the "primary and moving cause of the damages sought." Webber, 97 F. at 145. This test is consistent with the one presented by the Minnesota Supreme Court in Fowlie v. First Minneapolis Trust Co., ...
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