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YEAGER v. C. SCHMIDT & SONS

May 16, 1972

Harry Yeager
v.
C. Schmidt & Sons, Inc. et al.


Hannum, D. J.


The opinion of the court was delivered by: HANNUM

HANNUM, D. J.:

 Plaintiff brought suit against his employer, C. Schmidt & Sons, Inc. (hereinafter referred to as Schmidt), for breach of contract after Schmidt's refusal to reinstate him following an accident in the course of his employment and his subsequent recovery. Suit was also instituted against Local 830 and Lanni for failure to properly process plaintiff's claim. *fn1"

 Contrary to Local 830's claim that there is no material issue of fact at issue, plaintiff avers that they never had any notice of any internal appeal procedures, and that the provisions relied upon by Local 830 are insufficient as a matter of law to support either its motion or defense.

 Local 830 contends that:

 
"The Constitution of the International in Article XIX establishes a procedure by which members of local unions may make complaints, file charges, seek redress or challenge any action, decision or penalty of a local union or local union official. Plaintiff in this action could have charged that the defendant Local No. 830 improperly failed to pursue his claim further. Article XIX, Section 3(a), International Constitution. Under Article XIX, Section 4, plaintiff could also have requested the General Executive Board to assume original jurisdiction over his claim."

 Article XIX, Section 1(a) provides:

 
"Trials and Appeals Trials of Local Union Officers and Members -- Procedure.
 
Section 1(a). A member or officer of the Local Union charged by any other member of the Local Union with any offense constituting violation of this Constitution, shall unless otherwise provided in the Constitution be tried by the Local Union Executive Board."

 Article XIX, Section 3(a) provides:

 
Trials and Appeals of Local Unions, Other Subordinate Bodies and Elective International Union Officers
 
Section 3(a). Whenever charges are preferred against a Local Union or against a Joint Council, of other subordinate body, such charges shall be filed in writing in duplicate with the Secretary of the trial body, and shall be served personally or by registered or certified mail on the Secretary-Treasurer of the Local Union, or the Joint Council or other subordinate body so charged. If the charges are against the Local Union the trial shall be by the Executive Board of the Joint Council, provided that if a Local Union is not affiliated with a Joint Council due to the fact that no Joint Council exists with which such Local Union can affiliate, the trial shall be by the General Executive Board. If the charges are against a Joint Council or other subordinate body, the ...

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