St. Clair v. LOCAL U. NO. 515 OF INT. BRO. OF TEAMSTERS, ETC.

• Decision Date: 30 December 1969
• Docket Number: No. 19215.,19215.
• Citation: 422 F.2d 128
• Parties: Harold ST. CLAIR, Plaintiff-Appellee, v. LOCAL UNION NO. 515 OF the INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, Defendant-Appellant.
• Court: U.S. Court of Appeals — Sixth Circuit

422 F.2d 128 (1969)

Harold ST. CLAIR, Plaintiff-Appellee, v. LOCAL UNION NO. 515 OF the INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, Defendant-Appellant.

No. 19215.

United States Court of Appeals Sixth Circuit.

December 30, 1969.

S. Del Fuston, Chattanooga, Tenn., for defendant-appellant.

Robert A. Frazier, Chattanooga, Tenn., for plaintiff-appellee.

Before EDWARDS, McCREE, and COMBS, Circuit Judges.

McCREE, Circuit Judge.

Teamsters Local 515 appeals from a jury verdict for Harold St. Clair, one of its members, in an action charging unfair representation. The jury found that the union had unfairly represented plaintiff after his dismissal from a job and awarded him $5,000 as damages. In response to the written questions submitted by the District Judge, the jury also found that the union had not, as St. Clair claimed, caused or procured his dismissal in violation of Tenn. Code Ann. § 47-15-113. Plaintiff does not challenge this finding on appeal.

The union claims that the District Judge committed error in refusing to grant a directed verdict, in making certain evidentiary rulings, and in instructing on the measure of damages. We agree with the second and third of appellant's contentions and accordingly reverse and remand the case to the District Court for a new trial.

The facts, as nearly as can be determined,¹ are these. St. Clair was employed by the Fuller Construction Company on a project in Scottsboro, Alabama, from August 4 until some time in September, 1966. On Monday, September 19, plaintiff did not come to work because he claimed he was sick. He attempted to notify the company, but apparently succeeded in reaching only a subordinate who did not pass his message along. Local 515's assistant business agent, Sanders, discovered that Fuller had placed another driver in St. Clair's job and immediately called St. Clair. After this conversation, Sanders telephoned one of Fuller's superintendents. Despite Sanders' arguments that St. Clair was entitled to miss work because of illness, the company's representative apparently replied that St. Clair was fired "because he didn't show up for work, he was an agitator and a troublemaker." After this conversation, Sanders telephoned the company twice and St. Clair four times in an effort to save St. Clair's job. There was no arbitration provision in the union's contract, and the only means the union could employ to obtain St. Clair's reinstatement were oral representations and, if these failed, a strike.

Two or three days after his dismissal, St. Clair received from the company a check and a termination slip noting that he had "quit".² He attempted to bring the matter up again with Sanders, but the latter pleaded lack of time and referred him to Local 515's president, Hicks, who apparently did nothing. Within a few days the union had obtained another job at somewhat lower pay for St. Clair. This employment lasted for about a month, after which plaintiff drew unemployment compensation until February 16, 1967, when he became a deputy sheriff. The union claims that between October and February it referred him to other jobs, but St. Clair claims that he was not able to find work during that time.

I

Appellant argues that the District Court should have directed a verdict in its favor on the issue of fair representation. We do not agree, because we believe that there was evidence from which a jury could have found unfair representation under applicable standards of law.

The phrase "fair representation" is something of a term of art, and the standards by which we are bound have not been set down explicitly in a code. However, the Supreme Court has spoken clearly enough to guide us here. See Vaca v. Sipes, 386 U.S. 171, 87 S.Ct. 903, 17 L.Ed.2d 842 (1967). The Court there held that the duty of fair representation does not require a union to exhaust every theoretically available procedure simply on the demand of a union member. 386 U.S. at 192, 87 S.Ct. at 903; see also Acuff v. United Papermakers and Paperworkers, 404 F.2d 169 (5th Cir. 1968). As one court has said, "the union is permitted to exercise its discretion in prosecuting grievances." Watson v. International Brotherhood of Teamsters, 399 F.2d 875, 880 (5th Cir. 1968). However, the ignoring or the perfunctory processing of a grievance may violate the duty of fair representation. Vaca v. Sipes, 386 U.S. at 194, 87 S.Ct. at 903. The decisive question is whether the union's conduct is "arbitrary, discriminatory, or in bad faith." 386 U.S. at 190, 87 S.Ct. at 916; Brady v. Trans World Airlines, Inc., 401 F.2d 87, 104 (3d Cir. 1968).

Here, there are facts from which a jury could so find. Union agents might have protested more vigorously; they might have threatened a strike, and they might even have urged the Local's members to walk off the Scottsboro project. Sanders' refusal to contact the company again after St. Clair received his termination slip might have constituted bad faith. Sanders' referral of St. Clair to Hicks and Hicks' inaction might also support such a charge, since there was a local election campaign in progress in which St. Clair was vocally opposing the incumbents, including Hicks (who subsequently lost). In considering the issue of good faith representation, the jury must of course consider the union's duty to represent all its members. It might conclude that the union was acting in good faith in refusing to strike and thereby jeopardizing many members' livelihoods over a grievance which either it or the employer in good faith considered frivolous. Although we think that the evidence of bad faith is minimal, there is enough to present a jury question.

II

Despite the adequacy of evidence to present a jury question on the issue of fair representation, there were several reversibly erroneous evidentiary rulings which taint the verdict.

(1) Hearsay. The District Court excluded as hearsay Sanders' testimony about what the company's representatives said to him in telephone conversations about St. Clair. Perhaps the Court's ruling might be defended on the theory that the testimony was offered to prove the truth of what the company representative asserted, i. e., that the company and not the union was responsible for the firing of St. Clair, although the evidence came in later anyway in response to questions by both counsel and the District Judge. But the proffered evidence was clearly relevant and admissible on the issue of good faith representation, and should have been admitted on that issue, with a proper instruction, if needed. It is unnecessary to decide whether the error was prejudicial because on retrial, the issue of responsibility for the firing will not be presented in the case, and the evidence will have to be admitted.

The District Court also allowed into evidence plaintiff's statement that Wiley, another Local 515 member, had told him that Sanders had told Wiley that St. Clair was a troublemaker. This was clearly hearsay and should not have been admitted.

(2) The Union Trial. Some time after the Local's election, St. Clair brought charges against Sanders, and the new majority of Local 515's executive board (which St. Clair had supported) removed Sanders from his position as assistant business agent. This action was reversed by a Teamsters appeal board. The District Court quite properly instructed the jury that they were not bound by the executive board's verdict, but admitted testimony by members of the executive board of statements made by Sanders during the Local proceedings. We believe that these rulings were correct, as far as they went, because the evidence at the union trial may have been relevant to the inquiry with which the Court was concerned, and to the extent that Sanders' statements were vicarious admissions of the union, they were competent. Of course, at the new trial, the District Court will again exclude reference to the union trial verdict and will instruct that the fact that charges were filed against Sanders is not evidence of unfair representation.

(3) St. Clair's Past Job History. The District Court excluded evidence of St. Clair's past job history. It appears that as a member of Local 515 he had held many jobs and had been fired for many reasons including driving a company truck while intoxicated, dishonesty and destroying company property,...