Schmid v. United Brotherhood of Carpenters & Joiners of America
Opinion of the Court
Robert Schmid appeals pro se from a final judgment entered in the District Court
Schmid originally filed this action on April 5, 1984, alleging he had been wrongfully expelled from the United Brotherhood of Carpenters & Joiners of America (the union). On March 29, 1985, the district court dismissed Schmid’s complaint for lack of subject matter jurisdiction. On September 26, 1985, this court held that Schmid sufficiently raised his claim under § 101(a)(5) of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), 29 U.S.C. § 411(a)(5) (1982), and reversed and remanded the case for further proceedings. Schmid v. United Brotherhood of Carpenters, 773 F.2d 993 (8th Cir. 1985). On December 15, 1986, following a five-day trial, the jury returned a special verdict finding that: (1) Schmid was not improperly terminated from the union; (2) although the union improperly interfered with some of Schmid’s rights to at tend union meetings and participate in union activities, Schmid did not sustain any damages; and (3) although the union maliciously, wantonly or oppressively interfered with Schmid’s rights, he was not entitled to any punitive damages. Judgment was first entered on December 16, 1986, in favor of the union and against Schmid. An amended judgment was entered on December 18, 1986, in favor of Schmid on his claims that the union had interfered with his membership rights, but without awarding compensatory or punitive damages.
On December 29, 1986, Schmid filed a motion for a new trial. On January 20, 1987, the district court entered an order denying the motion without explanation. On February 10, 1987, Schmid filed his notice of appeal.
This appeal is being considered on the original file of the district court in lieu
Schmid also claims that a new trial is warranted because the jury’s failure to award him punitive damages is inconsistent with its finding that the union had maliciously, wantonly, or oppressively interfered with Schmid’s union rights. Schmid does not challenge the jury’s failure to award compensatory damages.
Although not specifically authorized or precluded under the LMRDA,
Schmid’s final contention is that the jury instruction on punitive damages was not clear and coherent. A review of this instruction shows that this claim is frivolous.
Accordingly, the judgment of the district court is affirmed.
. The Honorable Robert G. Renner, United States District Judge for the District of Minnesota.
. A jury verdict was also returned in favor of a union representative named as co-defendant. The judgment does not reflect this verdict; Schmid does not challenge it on appeal.
. 29 U.S.C. § 412 provides in part: “Any person whose rights secured by the provisions of this subchapter have been infringed by any violation of this subchapter may bring a civil action in a district court of the United States for such relief (including injunctions) as may be appropriate."
Reference
- Full Case Name
- Robert SCHMID v. UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA and Patrick J. Campbell, General President, United Brotherhood of Carpenters and Joiners of America Local No. 606 and Stanley L. Bronczyk, Business Representative
- Cited By
- 1 case
- Status
- Published