Pompey v. General Motors Corp.

• Decision Date: 26 May 1970
• Docket Number: Docket No. 6813,No. 2,2
• Citation: 24 Mich.App. 60,179 N.W.2d 697
• Parties: , 2 Fair Empl.Prac.Cas. (BNA) 1027, 3 Empl. Prac. Dec. P 8039, 64 Lab.Cas. P 11,295 Jesse James POMPEY, Plaintiff-Appellant, v. GENERAL MOTORS CORPORATION, UAW Local 1292, and International UAW, Defendants-Appellees
• Court: Court of Appeal of Michigan — District of US

Page 697

179 N.W.2d 697

24 Mich.App. 60, 2 Fair Empl.Prac.Cas. (BNA) 1027,

3 Empl. Prac. Dec. P 8039, 64 Lab.Cas. P 11,295

Jesse James POMPEY, Plaintiff-Appellant, v. GENERAL MOTORS CORPORATION, UAW Local 1292, and International UAW, Defendants-Appellees.

Docket No. 6813.

Court of Appeals of Michigan, Division No. 2.

May 26, 1970.

Released for Publication Oct. 2, 1970.

Michael S. Adelman, Philo, Maki, Ravitz, Glotta, Adelman, Cockrell & Robb, Detroit, for plaintiff-appellant.

Aloysius F. Power, General Motors Corporation, Detroit, for defendants-appellees.

Before T. M. BURNS, P.J., and QUINN and ROBERTS, ^* JJ.

QUINN, Judge.

December 13, 1968, the trial court granted General Motors Corporation's (hereinafter referred to as defendant) motion for accelerated judgment. Judgment of dismissal entered and plaintiff appeals.

May 23, 1964, plaintiff, a negro employed as a crane operator by defendant, dropped a die from the crane he was operating. Effective May 28, 1964, plaintiff was transferred from crane operator to press operator. At plaintiff's request and effective August 31, 1964, he was transferred to crane hooker. Prior to May 23, 1964, four other complaints on plaintiff's operation of the crane had been received by defendant, and plaintiff had one prior demotion for his unsatisfactory performance as a crane operator.

Plaintiff was a member of UAW-CIO, Local No. 1292, which with the international union, was plaintiff's collective bargaining representative. Defendant and the unions executed a collective bargaining contract September 20, 1961 which was in effect May 23, 1964. Among other things, the contract placed sole responsibility for transferring employees with management and provided:

'Any claim of personal prejudice or any claim of discrimination for union activity in connection with transfers may be taken up as a grievance. Such claims must be supported by written evidence submitted within 48 hours from the time the grievance is filed.'

May 27, 1964, plaintiff filed a grievance with his foreman which read: 'Protest management removing me from the crane operator group. Demand that I be returned to the crane operator group at once.' On the bottom of the grievance slip under the heading 'Disposition by foreman' is the following: 'The complainant was properly transferred to the press operator classification. Grievance denied.' This is dated May 28, 1964 and signed by the foreman.

January 15, 1965, plaintiff filed an application for the issuance of a complaint against defendant with the Michigan Civil Rights Commission alleging in essence that his transfer from crane operator was discriminatory because it was based on his race. This claim was dismissed by the commission April 27, 1965 and no appeal was taken by plaintiff.

November 17, 1965, plaintiff filed his four count complaint in this action. Counts two and four set forth plaintiff's alleged action against his local union. Count two alleges that plaintiff's transfer from crane operator was discriminatory and based on his race in violation of Const.1963, art. 1, § 2, and C.L.S.1961, § 423.303(c) (Stat.Ann.1968 Rev. § 17.458(3)(e)). Count four alleges that plaintiff's local union violated its contractual duty fairly and adequately to represent him with respect to his grievance. On the basis of a stipulation entered into between plaintiff and the local and international unions, the trial court dismissed plaintiff's action...