Williams v. AMF, INC.
| Decision Date | 23 April 1981 |
| Docket Number | No. C-3-79-227.,C-3-79-227. |
| Citation | 512 F. Supp. 1048 |
| Parties | Lena WILLIAMS et al., Plaintiffs, v. AMF INCORPORATED et al., Defendants. |
| Court | U.S. District Court — Southern District of Ohio |
COPYRIGHT MATERIAL OMITTED
Paul H. Tobias, Cincinnati, Ohio, James L. Jacobson, Dayton, Ohio, for plaintiffs.
David L. Hall, Dayton, Ohio, for defendants.
DECISION AND ENTRY ON OUTSTANDING MOTIONS; CONFERENCE CALL SET
The captioned cause came to be heard upon several pending motions, including the motion of the Defendant Leland Electrosystems, Inc. (Leland) seeking an Order of the Court dismissing the Complaint for reason that the Court lacks subject matter jurisdiction, and because no claim is stated for which relief can be granted.
Plaintiffs' cause arises from circumstances surrounding the June, 1978, sale of a manufacturing facility owned by AMF Incorporated, Electrosystems Division (AMF) to Leland, a newly formed and independent corporation. It appears undisputed that, at the time of the sale, Plaintiffs were all members of Local Union # 804 of the International Union of Electrical, Radio and Machine Workers (collectively IUE), and were employed at the subject facility until AMF ceased its operation at that plant. Plaintiffs were represented by the IUE in labor negotiations with AMF, pursuant to a collective bargaining agreement with AMF, until said operations ceased.
Shortly before consummation of the sale of the facility, Leland entered into negotiations with the IUE for the purpose of developing a collective bargaining agreement governing labor relations at the facility when the "changeover" was complete. The agreement that was finally adopted by Leland and the IUE included the following provision:
None of the Plaintiffs have been hired by Leland although, as previously indicated, each was employed by AMF as of AMF's last day of operations. Plaintiffs have solicited the IUE's aid in processing grievances with respect to this situation, but such efforts on Plaintiffs' part have been unsuccessful.
In the Complaint, as initially filed herein, Plaintiffs set forth three claims, denominated as Counts I, II and III. Count I alleged a breach of the AMF-IUE collective bargaining agreement by AMF through, inter alia, failure to bargain in good faith with the IUE concerning the effect of the "changeover" on Plaintiffs' employment and seniority rights. Count II alleged a breach of the Leland-IUE collective bargaining agreement by Leland through failure to give "hiring preference," or any consideration in hiring, to Plaintiffs pursuant to Art. IV § 2 of said agreement (quoted above). Jurisdiction for Counts I and II was predicated solely on section 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185(a). Count III alleged that AMF and Leland "conspired" to deprive Plaintiffs of rights under the AMF-IUE agreement, to terminate Plaintiffs' employment with AMF, and to preclude Plaintiffs' employment with Leland. Plaintiffs claimed that Count III was pendent to the federal cause in Counts I and II for jurisdictional purposes. Compensatory and punitive damages totalling four million dollars were demanded.
Certain amendments have previously been allowed with respect to Plaintiffs' cause as initially pleaded. First, two additional former AMF employees (not hired by Leland after the "changeover") have been joined upon motion of the original Plaintiffs, pursuant to F.R.C.P. 20(a) and 21, thereby raising the total number of parties-Plaintiff to twenty. Second, also upon Plaintiffs' motion, AMF has been dismissed with prejudice as a party-Defendant herein, leaving Leland as the sole remaining Defendant.
The Court considers that the dismissal of AMF moots the following motions and, therefore, no decision need be entered thereon:
Further, the Court considers that the dismissal of AMF moots Plaintiffs' first motion seeking leave to amend the Complaint, in that part which would propose to amend jurisdictional allegations with respect to AMF (i. e., adding diversity jurisdiction) and to assert additional matter with respect to the claim against AMF in Count III (conspiracy). Finally, the Court considers that the dismissal of AMF effectively abrogates the entirety of the claim set forth in Count I (breach of the AMF-IUE agreement) and that part of the claim originally set forth in Count III, to the extent directed against AMF, although the factual allegations in Counts I and III that are necessary for support or explanation of the claims against Leland in Counts II and III remain unaffected by the dismissal of AMF.
Based on the preceding discussion, the Court concludes that five motions presently remain for consideration, to wit:
Before turning to Leland's motion seeking an Order of the Court dismissing the Complaint, the Court deems it advisable to consider the subsequent motion by Leland to strike the Tobias affidavit and the first motion by Plaintiff for leave to amend the Complaint, because the disposition of each such subsequent motion would appear to have a potential effect upon the disposition of Leland's motion to dismiss.
A. Leland's Motion to Strike. The Tobias affidavit summarizes the recollections of Plaintiffs' counsel regarding the deposition testimony of Jo Lynne Csaszar. In turn, it appears that Csaszar's testimony related to her participation in, and understanding of, Leland's employee selection process at a time when Csaszar was an AMF employee (i. e., around the time of the 1978 "changeover").
Leland says that the affidavit should be stricken because Tobias does not have personal knowledge of Leland's employee selection process, because the affidavit constitutes inadmissible hearsay, because there is no affirmative showing that Tobias is competent to testify about the matters set forth, therein, and because the transcript of the Csaszar deposition is not attached. In short, Leland contends that the Tobias affidavit violates each express requirement for affidavits opposing summary judgment set forth in F.R.C.P. 56(e).
In part, the Court disagrees. First, it is clear that the Tobias affidavit refers only to the deposition proceeding, not the deposition transcript, and, therefore, the transcript does not need to be attached thereto. On the other hand, the affidavit does suggest that, to some undetermined extent, Tobias relied upon his own "notes concerning Csaszar's testimony" in making the affidavit. It would appear, therefore, under a strict construction of F.R.C.P. 56(e), that Tobias' "notes" should have been attached to the affidavit. However, the affidavit also suggests that Tobias used such "notes" only to refresh his recollection about the deposition. As such, the documents containing the notes would not be admissible, unless offered by Leland, F.R. Evid. 803(5)2, and it would appear, therefore, that it would have been improper for Tobias to attach same to the affidavit, by virtue of the admissibility requirement in F.R.C.P. 56(e).
Second, within the four corners of the affidavit, it is clear that Tobias does not have personal knowledge of Leland's employee selection process, and there is no showing within the affidavit that he is competent to testify about that matter. However, it is equally clear from the affidavit that Tobias does have personal knowledge of, and is competent to testify about what Csaszar said on that matter during the course of her disposition. Thus, the affidavit is not to be stricken because of Tobias' incompetency or lack of knowledge about matters contained therein; but the affidavit might be stricken if Tobias' retelling of Csaszar's statements at the deposition, when offered for the truth of Csaszar's statements, is inadmissible as hearsay. Such offering for the truth of the statements appears to be the only relevance Csaszar's deposition testimony might have to the issues joined on Leland's motion to dismiss.
The Court concludes that the retelling of Csaszar's deposition testimony, for its truth, through the Tobias affidavit is hearsay, which is inadmissible under F.R.Evid. 802, and which therefore requires that the affidavit be stricken under F.R.C.P. 56(e).
The Court acknowledges Plaintiffs' contention that the affidavit does not constitute hearsay because of the express exceptions in F.R.Evid. 801(d)(2) (...
To continue reading
Request your trial
-
Solomon v. VHS Univ. Labs., Inc.
...due shall be paid over by the Company to his or her designated beneficiary or estate. . . ." Id. at 767.6 See also Williams v. AMF, Inc., 512 F. Supp. 1048 (S.D. Ohio 1981) (holding that former employees of seller of manufacturing facility, who alleged that provision of labor agreement betw......
-
Adkins v. General Motors Corp.
...Union 25, 520 F.2d 40 (6th Cir.1975); Hazen v. Western Union Telegraph Company, 518 F.2d 766 (6th Cir.1975). Williams v. AMF, Inc., 512 F.Supp. 1048, 1055 (S.D. Ohio 1981). In Williams, plaintiffs were former employees of a company, and it is also settled that current or former employees — ......
-
Power Motive Corp. v. Mannesmann Demag Corp., Civ. A. No. 85-K-13.
...allowance of punitive damages in "extraordinary" contracts has been extended to collective bargaining agreements in Williams v. AMF Inc., 512 F.Supp. 1048 (S.D.Ohio W.D.1981); the position of labor being analagous to that of the insured in the insurance bad faith cases. No Ohio court, or fe......
-
Becton v. Starbucks Corp., 2:05-cv-1143.
...personal knowledge that the manager made the statement; he need not have personal knowledge of its accuracy. See Williams v. AMF Inc., 512 F.Supp. 1048, 1052 (S.D.Ohio 1981), In this case, Plaintiff clearly has personal knowledge that the manager made the statement at Finally, Defendant arg......