325 F. Supp. 1220 | N.D. Ill. | 1971
MEMORANDUM OPINION
This is a § 301 class action by employees of the Furnco Construction Corporation, alleging violations of the collective bargaining contract. Plaintiffs also allege misconduct by their Un
First, as to the question of whether or not the “Disputes” clause
Second, this suit is clearly barred by Plaintiffs’ failure to timely and properly file grievances with the Union in accordance with the Union’s By-Laws. Since it is clear that an employee under a grievance-arbitration procedure, such as the one here, must “look to his union initially for the vindication of his rights,” Belk v. Allied
Third, Plaintiffs’ allegations of breach of the Union's duty of fair representation are similarly without foundation. Initially, it should be noted that a Union does not breach its duty of fair representation by failing to process untimely and improperly filed grievances. Steen v. Local Union No. 126, UAW, supra. Thus, Plaintiffs’ allegations of breach of the Union’s duty of fair representation are, on their face, unsupportable.
Irrespective of this, Plaintiffs’ conclusory allegations fall far wide of the mark of a sufficient claim of breach of the Union’s duty of fair representation. While this Court appreciates the liberal construction to be applied to such pleadings, Waters v. Wisconsin Steel Works, 427 F.2d 476 (7th Cir.), cert. denied. International Harvester Co. v. Waters, 400 U.S. 911, 91 S.Ct. 137, 27 L.Ed.2d 151 (1970), these pleadings, based entirely on conclusory allegations, are plainly insufficient. Slagley v. Illinois Central Railroad Co., supra; Smith v. CPC International, 72 LRRM 2846, 2847 (N.D.Ill.1969); Ferrara v. Pacific Intermountain Express Co., 301 F.Supp. 1240, 1244 (N.D.Ill.1969). Plaintiffs’ allegations of an Employer-Union conspiracy are similarly conclusory and insufficient. Lusk v. Eastern Products Corp., 427 F.2d 705 (4th Cir. 1970); Brown v. Truck Drivers & Helpers Union No. 355, 292 F.Supp. 125, 129 (D.Md.1968), affirmed, 416 F.2d 1333 (4th Cir. 1969).
Fourth, Plaintiffs’ allegations that the “Disputes” clause requires that every grievance be processed by the Union is belied not only by the Union’s By-Laws, clearly vesting the Union with power to screen grievances, but also by the Supreme Court’s holding in Vaca v. Sipes, supra, clearly holding that the Union has both the power and responsibility to screen grievances. See also, Bazarte v. United Transportation Union, 429 F.2d 868 (3d Cir. 1970). As for Plaintiffs’ claim that they presented their grievances to Defendant, this is entirely irrelevant to the issue of the adequacy of Plaintiffs’ Amended Complaint. Black-Clawson Co., Inc. v. IAM, 313 F.2d 179 (2d Cir. 1962).
Having failed to properly and timely exhaust the grievance procedure, and state facts sufficient to allege a claim of breach of the Union’s duty of fair repre
. The pertinent provisions of the contract provide:
“ARTICLE XIII
Disputes
“In case a dispute shall arise between an Employer and the Union, the Union shall immediately take up the matter in dispute wtih the President or Secretary of the Association for adjustment. If the Union and the President or the Secretary of the Association are unable to settle the matter satisfactorily, then the dispute shall be referred at once to the Joint Arbitration Board for consideration and decision within 48 hours in the manner hereinafter provided.
“ARTICLE XIV
Settlement of Disputes
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“Section 2. Joint Arbitration Board: There shall be a Joint Arbitration Board consisting of five (5) representatives of the Association and five (5) representatives of the Union. Meetings of such Board shall be called by its Chairman or Secretary on written request of either party stating the objects for which the meeting is to be called. Pour (4) members shall constitute a quorum — two from the Association and two (2) from the. Union. Neither side shall cast more ballots than the other. A decision shall require a majority vote and such decision shall be binding on both parties.”
. The Union’s By-Laws provide :
“ARTICLE IX
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“Sec. 10. GRIEVANCES. Any member who wishes the Union to process a grievance for him against an employer must present his grievance in writing to an Officer or District Manager of the Union within 10 days after the occurrence of the event about which he is complaining.”
It is clear from the pleadings in this case that Plaintiffs did not file written grievances within the required 10-day period.