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03/22/76 1199 Dc, National Union of v. National Union of Hospital

March 22, 1976

UNION, AFL-CIO, WASHINGTON, D. C. ET AL., APPELLANTS

v.

NATIONAL UNION OF HOSPITAL AND HEALTH CARE EMPLOYEES, APPELLEE 1976.CDC.57 DATE DECIDED: MARCH 22, 1976

MCGOWAN AND WILKEY, CIRCUIT JUDGES AND ALBERT

v.

BRYAN, JR.,* UNITED STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT OF VIRGINIA. DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE BRYAN

THIS IS AN APPEAL FROM THE DISTRICT COURT'S DISMISSAL OF THE COMPLAINT FOR LACK OF JURISDICTION OVER THE SUBJECT MATTER. F.R. CI

v.

P. 12(B)(1).



UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

1199 DC, National Union of Hospital and Health Care

Employees, Retail Wholesale and Department Store

On Appeal from the United States District Court for the District of Columbia.

APPELLATE PANEL:

As we must in considering the case in this posture, we look to the allegations of the complaint for a description of the parties as well as the complaint's sufficiency for jurisdictional purposes. The complaint reveals that the plaintiffs are the 1199 DC, National Union of Hospital and Health Care Employees, Retail Wholesale and Department Store Union, AFL-CIO, Washington, D.C. (hereafter 1199 DC) and individual members thereof. 1199 DC is a subordinate and affiliate of the defendant National Union of Hospital and Health Care Employees (hereafter NUHHCE). The individual plaintiffs are also members of the defendant.

The complaint sets forth a history of the parties' movements leading up to the filing of the action in the district court as follows:

The individual plaintiffs are clerical employees and nurses at various hospitals within the District of Columbia. Plaintiff 1199 DC is an association consisting of members-at-large of the defendant. The defendant is a national labor organization with headquarters in New York City. 1199 DC, since 1970, has been organizing collective bargaining units at hospitals, nursing homes and health centers within the District of Columbia. On February 1, 1975, it represented approximately 650 employees, all of whom are members-at-large of the defendant NUHHCE.

District 1199 E is also a subordinate and affiliate of NUHHCE, operating out of Baltimore, Maryland. On July 20, 1974, the members of 1199 DC were notified by NUHHCE that 1199 DC was merged into and made a part of 1199 E. It is alleged that the merger was effected in violation of NUHHCE's constitution; that 1199 DC and its members have objected to the merger to no avail; and that the members of 1199 DC were not allowed to vote on the merger or permitted to object to it.

It is further alleged that since the merger NUHHCE has wrongfully instructed officials of 1199 E to take charge of the operation of 1199 DC and has acted improperly, violating the rights of the plaintiffs.

The complaint is in five counts; however, the allegations are divided into two basic categories. First are allegations of violations of Section 301(a) of the Labor Management Relations Act of 1947, 29 U.S.C. § 185(a) (hereafter LMRA). These are as follows:

(1) The defendant merged the Washington plaintiffs into the Baltimore district in violation of the union constitution; and

(2) The defendant violated collective bargaining agreements by not processing medical claims, prosecuting grievances, or issuing medical forms.

The second category consists of allegations that the defendant has violated the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C. §§ 411-412 (hereafter LMRDA), which has legislatively been given the title "Bill of Rights of Members of Labor Organizations." These allegations are as follows:

(1) The defendant merged the Washington plaintiffs into the Baltimore district in a manner which was intended to deny the plaintiffs' federally protected rights and which was derived from an ...


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