Lowe v. Hotel & Restaurant Emp. Union, Local 705
| Citation | 389 Mich. 123,205 N.W.2d 167 |
| Decision Date | 22 March 1973 |
| Docket Number | No. 1,1 |
| Parties | , 82 L.R.R.M. (BNA) 3041, 70 Lab.Cas. P 13,523 Richard LOWE, Plaintiff-Appellant, v. HOTEL & RESTAURANT EMPLOYEES UNION, LOCAL 705 and Myra Wolfgang, jointly and severally, Defendants-Appellees. |
| Court | Supreme Court of Michigan |
Goodman, Eden, Millender, Goodman & Bedrosian, Detroit, for defendants-appellees.
Stephen I. Schlossberg, John A. Fillion, Jordan Rossen, Detroit, for International Union, UAW as amicus curiae.
Before the Entire Bench.
Plaintiff instituted this action in Wayne County Circuit Court on April 30, 1964, naming the Y.W.C.A., Local 705, Hotel and Restaurant Employees Union, and Myra Wolfgang, its secretary, as defendants.
His complaint alleged that plaintiff was an employee of the Y.W.C.A.; that a collective bargaining agreement, dated March 1, 1962, was signed by and between the Local Union and the Y.W.C.A. for the benefit of the employees of the latter, including plaintiff; that the agreement provided:
'The employer retains full right to employ and discharge as employees such person as it deems best in the conduct of its work. Both the Union and the employer agree to be governed by sound labor relations. If an employee has a grievance under the terms and provisions of this agreement, it shall be handled in the manner hereinafter set forth:'
The complaint further alleged that plaintiff was discharged from his job without good cause; that his discharge was based upon discriminatory practices, flimsy accusations, conspiracy between the union and his employer, that two prior disciplinary letters, upon which his discharge was predicated, were not founded upon misconduct, and that the defendant union refused to take his case to arbitration as provided in the collective bargaining agreement.
Defendants moved for summary judgment on the ground that plaintiff had failed to exhaust his intra-union remedies. The motion was heard and granted on February 17, 1965, and an order to that effect was entered on March 24, 1965.
Plaintiff filed a 'motion to reinstate,' which was denied on July 12, 1965.
On July 15, 1965, plaintiff filed a 'motion for rehearing of the motion to reinstate.' The Circuit Court granted the motion on January 12, 1966, and entered an order reinstating the cause on June 28 of the same year.
On August 19, 1969, an order for discontinuance of the cause as to the Y.W.C.A. was entered upon stipulation of the parties. Later testimony showed that a separate settlement had been made wherein the Y.W.C.A. paid $2,000.00 to the plaintiff.
Jury trial proceeded in January of 1970; verdict of $7,990.00 was returned against the two remaining defendants. Judgment was entered thereon.
From denial of defendants' motion for judgment N.O.V. or new trial, appeal was taken to the Court of Appeals. That court reversed and remanded, in a divided opinion. Reported at 36 Mich.App. 66.
We granted leave to review the conclusion of the Court of Appeals that there was insufficient evidence from which the jury could have concluded that the defendant Union and its secretary breached their duty of fair representation toward the plaintiff.
The recitation of facts which follows would be hotly disputed by the defendants. Indeed, the facts were disputed at the trial, much contrary evidence being presented by the defendants.
We must, nevertheless, in the appellate posture of this case, regard all proofs in the light most favorable to the plaintiff. We must accept, as well, all inferences which the jury could fairly have drawn from the evidence in the plaintiff's favor.
Viewing the evidence in this light, the facts are these:
For some 14 years prior to April 18, 1963, plaintiff was employed as a maintenance man by the Young Women's Christian Association (Y.W.C.A.) in Detroit. Plaintiff was, during that time, a member of the defendant Hotel and Restaurant Employees Union, Local 705. For at least 10 of those years, plaintiff was the shop steward of such local union at the Y.W.C.A., a position to which he was elected by his fellow employees.
It was not the practice of the Y.W.C.A. to pay overtime wages for work performed after the usual hours of employment. Plaintiff's usual work day ended in mid-afternoon. It was his custom to pick up his daughter from school, since she suffered with rheumatic fever.
On April 18, 1958, at 2:20 p.m., plaintiff was requested by his supervisor at the Y.W.C.A. to take care of an emergency situation. He refused.
On April 25, 1958, plaintiff received the following letter from his employer:
'The Y.W.C.A. employs staff in order to give good service to the public.
'On Friday, April 18, 1958, at 2:20 p.m., you were requested to take care of an emergency situation and refused to do so because it was nearly time for you to leave. Your services were badly needed.
'Because of this instance, we want to inform you that not carrying out requests from your supervisor is good cause for replacement.
'This is therefore a warning that if such a situation should occur in the future, your will be relieved of your job.
'Building Maintenance Director.
'/s/ Ruth E. West,
'Executive Director.
'CC: Miss Smith
Miss Stowell'
The Y.W.C.A. had a policy with respect to its personnel to the effect that termination of employment would follow after the issuance of two written warnings concerning unsatisfactory service. Plaintiff was aware of this policy. Upon receiving the April 25, 1958, letter, plaintiff went to his union representatives. He was told not to pay any attention to the letter, that it would be taken care of. He discussed the letter also with his supervisors at the Y.W.C.A. They advised him not to pay attention to the letter, that it would not be held against him.
Almost exactly four years later, on April 20, 1962, plaintiff received a second letter from his supervisor. It stated:
'Mr. Richard Lowe
'Y W C A
'Dear Mr. Lowe:
'Following the incident in my office this afternoon, I feel impelled to put into writing my feelings about this matter.
'You have worked for the YWCA for 14 years and should know our policy regarding time off to attend Good Friday Church Services. In case there is any question in your mind, the policy is as follows:
'Any employee who wishes to attend church on Good Friday is given one hour off to do so. The employee need only contact his supervisor and arrange for this time so that she can schedule another person to take his place or relieve him.
'Many of us never get to attend church on Good Friday because of the nature of our jobs.
'You are probably not aware that the YWCA locally and nationally has always fostered the development of a responsible labor movement. As Steward of your local you should want to set an example for other employees. In my estimation you fail in this respect.
'Your repeated outbursts of temper are becoming more and more unbearable. I have spoken to you about your attitude on many occasions but after today's performance 'Your abusive behavior tends to lower the morale of the entire Maintenance Department, and we cannot allow it to go on.
I am convinced that my warnings have been completely ignored.
'Building Maintenance Director
'C.C. Miss D. Mudge
'Mrs. V. Stone'
Plaintiff's participation in the dispute which gave rise to the April 20, 1962, letter was in his capacity as shop steward for the Y.W.C.A. employed members of Local 705.
Upon receipt of this second warning letter, plaintiff once again called upon his union representative and was told again to disregard the letter, that it would be taken care of. As in 1958, he discussed the 1962 letter with his superiors at the Y.W.C.A. and was again told that the letter would not be held against him.
Plaintiff's employment was governed by a collective bargaining agreement between the Y.W.C.A. and defendant Union. That agreement provided for the following procedure respecting the settlement of employee grievances:
'Step 1 The aggrieved employe or the Union shall take the grievance up with his department head.
'Step 2 If the grievance is not settled under Step 1, the aggrieved employe shall take the grievance up with his local Union who shall attempt to adjust the matter with Management.
'Step 3 If the grievance cannot be settled by Step 2, it shall be presented by the Union to the representative of the Young Women's Christian Association. If the decision of the representative of the Young Women's Christian Association is unacceptable either to the Union or to the Employer either party shall have the right to demand arbitration in accordance with the following step.
Neither the 1958 nor the 1962 difficulties were made the subject of arbitration under Step 4 nor conciliation under Step 3 of the collective bargaining agreement.
On April 17, 1963, one year after the Good Friday incident, and five years after the first written reprimand, an incident occurred at the Y.W.C.A. involving plaintiff and one Mrs. Logan, a fellow employee and member of Local 705. That incident was not a fight, but plaintiff did, at one point, take hold of Mrs. Logan's...
To continue reading
Request your trial
-
NAACP v. Detroit Police Officers Ass'n (DPOA)
...... under the Fourteenth Amendment, nor does a union fulfill its obligations to fairly represent its ... Court issued its opinion in Firefighters Local Union No. 1784 v. Stotts, ___ U.S. ___, 104 ... Lowe v. Hotel & Restaurant Employees Union, Local 705, ......
-
Demings v. City of Ecorse
...... When the union decided not to take Owen's grievance to ... in the context of grievance processing in Lowe v. Hotel & Restaurant Employees Union, 389 Mich. ...Local 652 UAQ AFL-CIO, 6 Mich.App. 140, 147, 148 N.W.2d ......
-
Breish v. Ring Screw Works
......, effectively, recourse to a strike by his union. The union voted not to strike over his ... that time between Ring Screw Works and UAW Local 771. 1 . That collective ... our unanimous Court, forcefully declared in Lowe v. Hotel Employees Union, 389 Mich. 123, 205 ......
-
City of Grand Rapids v. Grand Rapids Lodge No. 97 Fraternal Order of Police
...Service Board, or to some other organization." Act 312 Arbitration Transcript, pp. 123-124.6 In Lowe v. Hotel & Restaurant Workers Union, Local 705, 389 Mich. 123, 205 N.W.2d 167 (1973), this Court recognized the role of the union in protecting individual members as well as the collective w......