Martin v. Local 556, Transportation Workers Union of America, AFL-CIO
3:14-cv-00500
| N.D. Tex. | May 23, 2016Background
- Plaintiffs Stacy K. Martin, Chris Click, and Jerry Lindemann sued Local 556, Transportation Workers Union of America (TWU Local), alleging denial of a full and fair hearing in violation of federal labor statutes (29 U.S.C. §§ 411, 412, 529).
- The court’s prior opinion (Martin III) denied TWU Local’s summary-judgment motion in part, leaving plaintiffs’ claims that they were denied access to an unbiased tribunal intact.
- TWU Local moved for reconsideration, arguing (among other things) that Click failed to exhaust internal union remedies by not appealing his Article XXI trial result to the TWU International Committee on Appeals.
- TWU Local mentioned Click’s lack of an Article XXI appeal in its opening brief’s factual section but did not argue exhaustion as a legal ground there; it raised the exhaustion argument for the first time in its reply brief.
- The court refused to consider new arguments raised first in a reply brief and therefore denied the motion for reconsideration, leaving Martin III intact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Click's claim premised on denial of an unbiased tribunal should be dismissed for failure to exhaust internal union remedies | Click maintains the claim is properly before the court (as previously preserved and decided in Martin III) | Click did not appeal his Article XXI hearing result to the TWU International Committee on Appeals and thus failed to exhaust internal remedies | Court refused to consider exhaustion argument raised first in reply; claim not dismissed on that ground |
| Whether the court should grant TWU Local's motion for reconsideration of Martin III | Plaintiffs oppose reconsideration and rely on prior decision | TWU Local seeks reconsideration based on the newly-raised exhaustion argument | Motion for reconsideration denied because the asserted ground was not timely raised in the supporting brief |
Key Cases Cited
- Senior Unsecured Creditors’ Comm. of First RepublicBank Corp. v. FDIC, 749 F. Supp. 758 (N.D. Tex. 1990) (court will not consider arguments raised for the first time in a reply brief)