Rodman v. Hensley
Opinion of the Court
This was an action brought by three named plaintiffs, Rodman, Nolon, and Miller,
Plaintiffs have essentially filed this action alleging discrimination against the defendants for maintenance of a union hiring hall. The union hiring hall is maintained and operated by a book registration system. Book I is used for local union members who are given hiring referral preference. Book III is used for local members who are “out of classification” but also get priority. Book II is used for “travelers” like the appellants. These travelers, members of other IBEW locals, are only permitted to sign in Book II which gets no priority in job referrals.
The alleged incidents took place from 1977 through 1978. Appellant Nolon used the grievance procedure in 1978 and appellant Rodman used it in 1978, 1979, and March of 1980.
In the case of DelCostello v. Teamsters, 462 U.S. 151, 103 S.Ct. 2281, 76 L.Ed.2d 476 (1983) the Supreme Court held that the six month statute of limitations of LMRA Section 10(b), 29 U.S.C. § 160(b) was the applicable limitation period for hybrid section 301 cases (breach of contract by employer/breach of duty of fair representation against union). This court has held that DelCostello is to be applied retroac
Affirmed.
. The district court dismissed the allegations relating to the class action, because no motion was made to certify the class.
. Counts two and three and the civil rights claims of count four were dismissed by the district court and are not being appealed.
. The March 1980 procedure was dismissed by the district court for not being at issue in this suit.
Reference
- Full Case Name
- Bill RODMAN, Larry Nolon and Samuel Miller, individually and as representatives of a class of persons who are qualified journeymen electricians and inside wiremen residing in Southwest Missouri who are not members of IBEW Local 453, but who have worked out of or sought to work out of the IBEW Local 453 referral or hiring hall or who have worked under collective bargaining agreements negotiated and administered by IBEW Local 453, during and since 1976 v. Jim W. HENSLEY, Michael Brumley, Gene McGhee, Pat Shanks, J.L. Smith, John D. Price, J.C. Danner, R.D. Porter, Roger Testerman, Dennis Ashcraft, Leroy Stilley, Jack F. Moore, Carl Tutorino, and International Brotherhood of Electrical Workers, AFL-CIO, and its Local Union No. 453
- Cited By
- 2 cases
- Status
- Published