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LOCAL UNION NO. 639, INTL. BHD. OF TEAMSTERS v. JA

January 30, 1976

LOCAL UNION NO. 639, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, INC. Plaintiff,
v.
JACOBS TRANSFER COMPANY, INC., Defendant



The opinion of the court was delivered by: BRYANT

 BRYANT, District Judge

 This action is now before the Court on cross motions for summary judgment and Defendant-Intervenor's alternative motion to dismiss. The action is brought by the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local 639, to enforce two arbitration awards pursuant to Section 301 of the Labor Management Relations Act (29 U.S.C. § 185).

 SUMMARY OF FACTS

 Defendant-Intervenor Daniel George is an employee of Defendant Jacobs Transfer and a member of Local 639. As a result of George's discharge from Jacobs Transfer, Defendant-Intervenor National Labor Relations Board (hereinafter "the Board") found that the Company had committed an unfair labor practice and ordered that George be reinstated with backpay. It was impossible to reinstate George to his former job since the "Ardmore" terminal where he had worked had subsequently been closed. Consequently the Company offered George reinstatement at its facility in Baltimore.

 George maintained that the offer violated his seniority rights, although it was the same offer he would have received had he not been discharged in the first place. George filed a formal grievance maintaining that his seniority rights required that he be offered employment in one of the Company's facilities in the Washington Metropolitan Area. The Eastern Conference Area Committee *fn1" rejected George's arguments and upheld the Baltimore reinstatement as proper.

 The Board subsequently notified the Company that the transfer offer was not adequate compliance with its order. After negotiations, George and the Company entered into a compliance agreement which provided George with reinstatement in a District of Columbia facility (in direct contradiction to the arbitration decision). George's reinstatement displaced another employee. The union then filed a grievance on behalf of this "bumped" member and others with seniority rights equal to those of George who had not been given a similar transfer option. The Joint Maryland-District of Columbia Area Committee1a upheld Local 639's claim and reaffirmed the earlier arbitration award that found George's proper place of reinstatement was Baltimore. Local 639 then brought this action to enforce the decisions.

 BACKGROUND

 Daniel George began working for Jacobs Transfer, Inc. on August 11, 1966 at its Ardmore (Maryland) Terminal. He was employed there continuously until he was discharged for "disloyalty" on September 24, 1971. George's alleged "disloyalty" consisted principally of his distribution of a pamphlet charging that Local 639's President, Frank DeBrouse, and the then-vice-president and general manager of Jacobs, James Mills (formerly a Local 639 business agent), had combined in opposition to the interests of the union's members. In addition, George had organized a Committee of Reform within Local 639, filed grievances against the company for not enforcing seniority and starting time rules as well as other contract provisions, and organized a slate of candidates to challenge incumbent union leadership.

 George was discharged from his job without being given the ten-day notice required by the collective bargaining agreement. George filed a grievance and requested neutral arbitration by a disinterested third party. He stated that he would not be bound by a decision of the arbitration board, the Maryland-District of Columbia Joint Area Committee, since he believed that both its labor and management members were united in interest against him. The Committee refused to refer the matter to a neutral arbitrator and upheld the discharge.

 It was impossible to reinstate George in his "former job" since three months prior to the order Jacobs had permanently closed its terminal in Ardmore, Maryland, where George had worked.

 Prior to closing its Ardmore facility, Jacobs Transfer had applied to the Joint Maryland-District of Columbia Area Committee for approval of a "change of operations" in order to transfer work being done at Ardmore to its Baltimore, Maryland terminal. In its statement before the Joint Committee, Jacobs indicated that its work force at the Ardmore facility varied from 8 to 12 employees and that it anticipated that the change of operations would require ...


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