Mamula, Appellant, v. United Steelworkers of America.
Supreme Court of Pennsylvania
March 17, 1964
414 Pa. 294 | 200 A.2d 306
Mr. Chief Justice BELL joins in this dissenting opinion.
Mamula, Appellant, v. United Steelworkers of America.
Harry Alan Sherman, for appellant.
James Craig Kuhn, Jr., with him Arnold D. Wilner, Ernest G. Nassar, and Wilner, Wilner and Kuhn, and Michael H. Gottesman, and Feller, Bredhoff & Anker, of the Washington, D. C. Bar, for appellees.
OPINION BY MR. JUSTICE COHEN, March 17, 1964:
This is an appeal from the decree entered below dismissing appellant‘s amended complaint for failure to exhaust internal union remedies. Appellees are the United Steelworkers of America (International Union), Local 1211 of the United Steelworkers of America (Local Union), and various officers of Local Union.
It appears from the amended complaint that appellant formerly held the office of president in Local Union. In 1961, charges of misconduct were brought against him and after a hearing by a trial committee of Local Union, these charges were sustained and it was recommended that appellant be removed from office, fined $2,000, and be suspended from union membership until the fine was paid. When these recom
The Executive Board on January 20, 1962, reversed appellant‘s suspension from union membership and remitted the $2,000 fine, but affirmed appellant‘s removal from office. In addition, the board stated that appellant should not be eligible to hold office for five years nor until he repaid $1,081.99, the amount of expense allegedly caused by his misconduct. Once this amount was tendered, however, the Board left open the possibility of decreasing the period of disqualification from office. Although the International Constitution permitted a final appeal to the International Convention of the Union which was scheduled to convene in September, 1962, appellant did not invoke this internal procedure but instead instituted the present suit complaining solely of his ineligibility to hold union office.1 We hold that the court below correctly dismissed this action for failure of appellant to exhaust his internal union remedies.
In Falsetti v. Local Union No. 2026, United Mine Workers of America, 400 Pa. 145, 161 A. 2d 882 (1960), we examined at length the basis and rationale for the general rule that a member of an unincorporated association must first exhaust his available internal remedies before seeking judicial relief. We concluded that such a rule not only benefits the association by promot
In attempting to justify his failure to appeal to the International Convention, appellant makes two contentions: (1) the general exhaustion rule is inapplicable because appeal to the Convention would have been futile and unreasonably burdensome; and (2) even if the rule is applicable, it has been modified by
With regard to the first contention, appellant‘s complaint alleges that the disciplinary action of Local Union was directed by the international officers who are biased against him and thus further appeal would have been “illusory, futile and vain and would only afford said international union defendant opportunity for further delaying plaintiff‘s rights and remedies.” We held in Falsetti that the grievant member must set forth facts in his complaint to support the allegation that there exists an exception to the exhaustion rule. See also Wax v. International Mailers Union, 400 Pa. 173, 161 A. 2d 603 (1960). Not only has appellant failed to do this, but the admitted facts belie his contention that the bias of the international officers made an appeal to the International Convention futile.
In the first place, we have seen that appellant‘s appeal to the Executive Board of the International Union resulted in a reversal of his suspension from union
Appellant argues that the exhaustion rule is also inapplicable because it would have been unreasonably burdensome for him to appeal to the International Convention in view of the eight-month delay between the decision of the Executive Board (January, 1962) and the meeting of the Convention (September, 1962). As we indicated in Falsetti, a grievant member need not as a general matter appeal to an International Convention which does not convene for several years. However, a two or three-step appellate procedure is not per se unduly burdensome, nor is it possible to set forth for all situations a time limit beyond which exhaustion of internal remedies will not be demanded. Rather, an examination must be made of the special factors in each case, especially the possible prejudice caused to the grievant member from the delay in internal appellate procedures.
Applying this test to the instant case, we find that here the eight-month time period was not unreasonably burdensome. It must be remembered that the Executive Board reinstated appellant to union membership and hence there was no loss of possible employment opportunities during this period. With regard to ap
Our determination here does not mean we fail to recognize that in many instances an appeal to the International Convention is so illusory that it would be futile and unreasonably burdensome to require resort to Convention action prior to instituting suit. In fact, the whole appellate procedure of some unions is subject to the indictment of being illusory. Indeed, some new internal facility is required in some union discipline procedure—such as a public review board—which would have final jurisdiction to hear appeals from the decisions of the union. Such a board would be extremely helpful to unions, their members and the courts, and would dissipate the overtones of bias that permeates some union disciplinary action. See 73 Yale L.J. 472 (1964). Full protection of a member‘s individual rights of any nature is important to the concept of union democracy. Union officials should not be permitted to discipline so as to silence criticism, punish complainers and discourage reform. See Salzhandler v. Caputo, 316 F. 2d 445 (1963).
Appellant argues that the proviso clause means that courts, both state and federal, may not compel a grievant member to invoke an internal remedy which will consume more than four months. Since the appeal to the International Convention involved an eight-month delay, appellant asserts that he was not required to exhaust this remedy. We do not agree.
We read
An examination of the language of
Secondly, the language relied upon by appellant appears in a parenthetical clause contained in a proviso to the restrictions imposed upon labor organizations. It is highly unlikely that Congress would attempt in such a cavalier manner to alter established state court rules relating to exhaustion of internal remedies.8
Appellant also misconstrues our language in Falsetti. In the course of discussing generally the exhaustion of remedies doctrine, we mentioned in that case the recent enactment of
Since appellant has not shown any legal justification for his failure to exhaust internal union remedies, we conclude that the decree entered below must be affirmed.
Decree affirmed.
Mr. Justice JONES dissents.
Even a highly imaginative fiction writer would have considerable difficulty conceiving a procedure more futile, frustrating and meaningless than having an individual member appear before an International Convention, consisting of approximately 3,000 delegates, to present and argue his grievances against the leadership of the union, with the expectation of moving that body to hear, understand and decide the controversy on the merits. Such exposure to the convention arena is not a reasonable pursuit of a remedy; rather, it is a compelled involvement in a vast and undefined contest. The convention is not a tribunal conducive to the fair and impartial determination of a controversy. The customary protections, rights and rules usually associated with the hearing and decisional process are totally absent. I see no reason why the litigant here should be required to travel such a hazardous and unproductive road. In no other instance is one seeking justice required to engage in such futility.
Surely, ordinary experience indicates that were a member to seek to avail himself of this doubtful opportunity to appear before such a massive forum to plead his cause, he would be engaging in a rather empty, burdensome and worthless exercise. To regard such a venture as anything but illusory is to ignore reality. No decision of this Court or any other authority requires such a result. This record does not sustain the majority‘s conclusion that appellant failed to exhaust his internal union remedies.
I am also unable to share the majority‘s interpretation of
If appeal to the International Convention be regarded as a “remedy“, as the majority holds, then clearly its availability fails to comply with the statute, since that hearing procedure was postponed more than four months.1
I conclude, therefore, that appellant may not be denied relief in our courts. He has effectively exhausted all meaningful internal union remedies. Moreover, even if appeal to the International Convention be considered more than an empty gesture, as the majority holds, the Landrum-Griffin Act requires that such appeal be available within four months of the conclusion of the prior step in the appeal process.
I dissent.
Mr. Chief Justice BELL joins in this dissenting opinion.