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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Boss v. International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers & Helpers

In this class action, plaintiffs alleged that the International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers breached its duty of fair representation and collective bargaining agreements under the Labor Management Relations Act. Plaintiffs, who are New York residents qualified as 'boilermakers', claimed they were denied employment due to actions of local unions acting as agents of the International. The central issue was whether the International could be held vicariously liable for the local unions' acts based on agency principles. The court reviewed federal case law, particularly emphasizing the 'control' and 'autonomy' of local unions, citing Carbon Fuel Co. v. United Mine Workers. Finding no evidence that the International instigated or ratified the complained-of acts, and noting the locals retained autonomy despite the International being the sole signatory, the court granted the defendant's motion for summary judgment and denied the plaintiffs' motion for class certification.

Labor LawAgency LawDuty of Fair RepresentationCollective Bargaining AgreementsVicarious LiabilitySummary JudgmentClass ActionLocal UnionsInternational UnionsLabor Management Relations Act
References
10
Case No. MISSING
Regular Panel Decision

Herman v. Local Lodge 197, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers & Helpers

The Secretary of Labor initiated this action against Local Lodge 197 for violating the Labor-Management Reporting and Disclosure Act of 1959. The contention was that Lodge 197 denied member Charles McNally a reasonable opportunity to be a candidate for union office due to an unreasonable meeting attendance rule. The court reviewed cross-motions for summary judgment, first confirming McNally had exhausted internal remedies. It then determined that Lodge 197's attendance rule, which disqualified a significant portion of its membership, was an unreasonable qualification under section 401(e) of the Act. Consequently, the court granted the Secretary's motion, voided the election, and ordered a new election under federal supervision, simultaneously denying Lodge 197's cross-motion.

Labor LawUnion ElectionsSummary JudgmentEligibility RulesMeeting AttendanceLMRDAStatutory InterpretationDemocratic ProcessesUnion OfficeFederal Civil Procedure
References
22
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