Calhoon v. Harvey
Opinion of the Court
delivered the 'opinion of the Court.
This case raises important! questions concerning the powers of the Secretary of Labor and federal courts to protect rights Of employees guaranteed by the Labor-Management Reporting and Disclosure Act of 1959.
The respondents, three members of District No. 1, National Marine Engineers’ Beneficial Association, filed a complaint in Federal District Court against the union, its president and its . secretary-treasurer, alleging that certain provisions of the union’s bylaws and national constitution violated the Act in that they infringed “the right of members of defendant District No. 1, NMEBA, to nominate candidates in elections of defendant, which right is guaranteed to each member of defendant, and to each plaintiff, by Section 101 (a)(1) of the LMRDA . . . .”
The union moved to dismiss the complaint on the grounds that (1) the court lacked jurisdiction over the subject matter, and (2) the complaint failed to state a claim upon which relief could be granted. The District Court dismissed for want of “jurisdiction,”
Jurisdiction of the District Court under § 102 of Title I depends entirely upon whether this complaint showed a violation of. rights guaranteed by § 101 (a)(1), for we-disagree with the Court of Appeals’ holding that jurisdiction under § Í02 can be upheld by reliance in whole or in part on allegations which in substance charge a breach of Title IY rights. An analysis and understanding of the meaning of § 101" (a)(1) and of the charges of the complaint are therefore essential to a determination of this issue. Respondents charge that the bylaws and constitutional provisions referred to above infringed their right guaranteed by §101 (a)(1) to nominate candidates. The result of their allegations here, however, is an attempt to sweep into the ambit of their right to sue in federal court if they are denied an equal opportunity to nominate candidates under § 101 (a)(1), a right to sue if they are not allowed to nominate anyone they choose regardless of his eligibility and qualifications under union-restrictions. But Title IV, not Title I, sets standards for . eligibility and qualifications of candidates and officials and provides its own separate and ..different administrative and judicial procedure for challenging those standards. And the equal-rights language of § 101 (a)(1) would have to be stretched far beyond its normal meaning to hold that it guarantees members not just a right to “nominate candidates,” but a right to nominate anyone, without regard to valid union rules. All that §101 (a)(1) guarantees is that
“Every member of a labor organization shall have equal rights and privileges ... to nominate candidates, to vote in elections or referendums of the labor organization . . . and to participate in the delibera*139 tions and voting . . . subject to reasonable rules and regulations in such organization’s constitution and bylaws.”
Plainly, this is no more than a command that members and classes of members shall not be discriminated against in their right to nominate and vote. And Congress carefully prescribed that even this right against discrimina.tion is “subject to reasonable rules and regulations” by the union. The complaining union members here have not been discriminated against in any way and have been denied no privilege or right to vote or nominate which the union has granted to others. They have indeed taken full advantage of the uniform rule limiting nominations by nominating themselves for office.
II.
We hold that possible violations of Title IV of the Act regarding eligibility are not relevant in determining whether or not a district court has jurisdiction under
Accordingly, the jhdgment of the Court of Appeals is reversed and that óf the District Court is affirmed.
It is so ordered.
73 Stat. 519, 29 U. S. C. § 401 et seq. (1958 ed., Supp. V).
“Every member of a labor organization shall have equal rights and privileges within such organization to nominate candidates, to vote in elections or referendums of the labor organization, to attend membership meetings, and to participate in the deliberations and voting upon the business of such meetings, subject to reasonable rulés.-and regulations in such organization’s constitution and bylaws.” 73 Stat. 522, 29 U. S. C. § 411 (a) (1) (1958 ed., Supp. V)-. '
73 Stat. 523, 29 U. S. C. § 412 (1958 ed., Supp. V).
The complaint also asked for damages.
“In any election required by this section which is to be held by secret ballot a reasonable opportunity shall be given for thé nomination of candidates and every member in good standing shall be eligible to be a candidate and to hold office (subject to section 504
73 Stat. 534, 29 Ü. S. C. § 482 (a) (1958 ed., Supp. V).
Section 403 provides also that “[e]xisting rights and remedies to enforce the constitution and bylaws of a labor organization with respect to elections prior to the conduct thereof shall not be affected . . . .” 73 Stat. 534, 29 U. S. C. § 483 (1958 ed., Supp. V).
While both courts below referred to the question before us as “jurisdictional,”'it is obvious that the courts differed as to whether the facts alleged in the complaint stated a “cause of action,” thereby raising some of the same problems discussed in Bell v. Hood, 327 U. S. 678. That question need not concern us here, however.
See, e. g., Mamula v. United Steelworkers, 304 F. 2d 108 (C. A. 3d Cir.), cert. denied, 371 U. S. 823; Beckman v. International Assn. of Bridge Workers, 314 F. 2d 848 (C. A. 7th Cir.); Robins v. Rarback, 325 F. 2d 929 (C. A. 2d. Cir.), petition for cert. pending, No. 11, Misc., 1964 Term; Johnson v. San Diego Waiters & Bartenders Union, 190 F. Supp. 444 (D. C. S. D. Cal.); Colpo v. Highway Truck Drivers & Helpers, 201 F. Supp. 307 (D. C. D. Del.)
It appears that the present union practice is to permit candidates to be nominated by other union members, but that change in procedure does not affect our decision.
324 F. 2d, at 489. (Emphasis supplied.)
Section 401 (c) of the Act permits suits prior to election in the United States District Courts by any bona fide candidate for union office to enforce the rights, guaranteed by that section, to equal treatment in the distribution of campaign literature and access to membership lists. 73 Stat. 532, 29 U. S. C. §481 (c) (1958 ed., Supp. V).
Concurring Opinion
concurring.
This case marks the first interpretation by this Court of the significant changes wrought by the Labor-Management Reporting and Disclosure Act of 1959 increasing federal supervision of internal union affairs. At issue are subtle questions concerning the interplay between Title I and Title IV of that Act. In part, both, seem to deal with the same subject matter: Title I guarantees “equal rights and privileges ... to nominate candidates”; Title IV provides that “a reasonable opportunity shall be given for the nomination of candidates.” Where the two Titles of the legislation differ most substantially is in the remedies they provide. If a Title I right is at issue, the allegedly aggrieved union member has direct, virtually immediate recourse to a federal court to obtain an adjudication of his claim and an injunction if his complaint has merit. 73 Stat. 523, 29 U. S. C. § 412 (1958 ed., Supp. V).. Vindication of claims under Title IV may be much more onerous. Federhl-court suits can be
At the time this case was brought, District 1 of the National Marine Engineers’ Beneficial Association (NMEBA) had two rules of direct relevance here governing selection of candidates for election to union office. One rule,- of long standing in the union, prescribed that self-nomination was the only manner by which a name could be placed before the membership for election to union office. The second rule, adopted seven months before this election was scheduled to occur, severely limited eligibility for office by requiring that prospective officérs must have belonged to the national union for five years and served 180 or more days of sea duty in each of two years during the three-year period before the election.
The Court precludes the District Court from asserting jurisdiction over this complaint by focusing on the fact
After today, simply by framing its discriminatory rules in terms of eligibility, a union can immunize itself from pre-election attack in a federal court even though it makes deep incursions on the equal right of its members to nominate, to vote, and to participate in the union’s internal affairs;
“[H]ere is one of the major changes in the proposal. The amendment of the Senator from Arkansas provided that the Secretary of Lábor might, on behalf of the injured or aggrieved member, have the right to litigate the alleged grievance and to seek an injunction or other relief. We believe that giving this type of right to the aggrieved employee member himself is in the interest of justice . . : .” II Leg.*145 Hist., Labor-Management Reporting and Disclosure Act of 1959, 1232.
Senator Clark of Pennsylvania noted that the Kuchel amendment “takes the Federal bureaucracy out of this bill of rights and leaves its enforcement to union members, aided by the courts.” II Leg. Hist. 1233.
Nonetheless, the Court finds a “general congressional policy” to avoid judicial resolution of internal union disputes. That policy, the Court says, was designed to limit the power of individuals to block and delay elections by seeking injunctive relief. Such an appraisal might have been accurate before the addition of Title I, but it does not explain the emphasis on prompt judicial remedies there provided. In addition to the injunctive relief authorized by § 102
My difference with the Court does not reach to the disposition of this particular case. Whether stated in terms
An additional restriction, applicable solely to the post of president, required that all candidates for that office must have served the union in some prior official capacity.
“Sec. 102. Any person whose rights secured by the provisions of this title have been infringed by any violation of this title may bring a civil action in a district court of the United States for such relief (including injunctions) • as may he appropriate. Any such action against a labor organization shall be brought in the district court of the United States for the'district where the alleged violation occurred, or where the principal office of such labor organization is located.”
“Sec. 103. Nothing contained in this title shall limit the rights and remedies of any member of a labor organization under any State or Federal law or before any court or other tribunal, or under the constitution and bylaws of any labor organization.”
See Detroy v. American Guild of Variety Artists, 286 F. 2d 75 (C. A. 2d Cir. 1961).
“Sec. 403. No labor organization shall be required by law to conduct elections of officers with greater frequency or in a different form or maimer than is required by its own constitution or bylaws,
See Summers, Pre-Emption and the Labor Reform Act — Dual Rights and Remedies, 22 Ohio St. L. J. 119, 138-139 (1961). It would be strange indeed if only state courts were available to enforce the federal law created by the Act during the pre-election period.
The Court’s reading of federal-court, remedies available under Title I and Title IV is particularly restrictive because of the limited powers of the district judge once the balloting has occurred. Under’ §402 (c), the court is confined to setting the election aside -only if “the violation of section 401 may have affected the outcome.” For-the aggrieved union member, this, protection may be totally inadequate. The function of nominating a candidate is not always to gain the office. A faction may be vitally interested in appearing on the ballot merely to show that it is part of the political structure of the union. Under the Gourt’s view,' until such a faction approaches majority status, judicial relief in the federal- courts will be absent. See Summers, Judicial Regulation of Union Elections, 70 Yale L. J. 1221, 1257 (1961).
Reference
- Full Case Name
- CALHOON, PRESIDENT, OR PETERS, SECRETARY-TREASURER OF DISTRICT NO. 1, NATIONAL MARINE ENGINEERS’ BENEFICIAL ASSOCIATION, AFL-CIO v. HARVEY Et Al.
- Cited By
- 478 cases
- Status
- Published