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RIDDICK v. CUYLER

September 22, 1981

James RIDDICK, Jr.
v.
Julius T. CUYLER, et al.



The opinion of the court was delivered by: NEWCOMER

BENCH MEMORANDUM AND ORDER *fn1"

Having heard oral argument, considered the briefs and engaged in independent research, the Court concludes that defendants' motions for involuntary dismissal under Federal Rule of Civil Procedure 41(b) should be granted. The Court is prepared now to render its findings of fact and conclusions of law.

 A. FINDINGS OF FACT

 1. James Riddick, Jr. (hereinafter "plaintiff") is an adult citizen of the Commonwealth of Pennsylvania, residing at 6628 North Broad Street, Philadelphia, Pennsylvania.

 2. Defendant Julius T. Cuyler is Superintendent of the State Correctional Institution at Graterford, Pennsylvania (hereinafter "Graterford").

 3. Defendant John A.M. McCarthy was, until October, 1980, Chairman of the Commonwealth of Pennsylvania Civil Service Commission (hereinafter "Civil Service Commission").

 4. Mary D. Barnes is currently the Acting Chairperson of the Civil Service Commission.

 5. Defendant Council 13, American Federation of State, County and Municipal Employees, AFL-CIO (hereinafter "Council 13") is a labor organization and voluntary unincorporated association, with its principal office in Harrisburg, Pennsylvania.

 6. Defendant District Council 88, American Federation of State, County and Municipal Employees, AFL-CIO (hereinafter "District Council 88") is a labor organization and voluntary unincorporated association, and is one of eight subordinate district councils which compose Council 13.

 7. Council 13 is certified by the Pennsylvania Labor Relations Board as the exclusive bargaining agent for approximately 70,000 employees of the Commonwealth of Pennsylvania (hereinafter "The Commonwealth"). During the period relevant to this cause of action, Council 13 and the Commonwealth were parties to a collective bargaining agreement effective from July 27, 1976 to June 30, 1978. See Joint Exhibit 1.

 8. During his employ by the Commonwealth, plaintiff was a member of a local union affiliated with District Council 88 and Council 13, was within the bargaining unit represented by Council 13, and was covered by the collective bargaining agreement between the Commonwealth and Council 13.

 9. Fred Davis was, at all times relevant to this action, a Council Representative with District Council 88, and was responsible for representing Commonwealth employees at Graterford who were in the bargaining unit.

 10. Prior to February 26, 1977, plaintiff was employed by the Commonwealth's Bureau of Corrections as a Corrections Officer I at Graterford.

 11. On February 26, 1977, plaintiff was discharged from employment by letter dated February 28, 1977. See Joint Exhibit 2.

 13. Plaintiff was notified to report for duty as Corrections Officer I, regular status, at Graterford, on November 28, 1977 ...


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