$500 a month for all retirees, present and future. But the defendants did not fairly represent this interest for those already retired, the plaintiffs claim, for before Miller and the other bargainers on the labor side ever stepped to the bargaining table, they had decided to try to obtain only $200-$250 a month for that group.
Second, the plaintiffs allege that the defendants negotiated for the depletion of the 1950 Fund from which then-retired members were drawing their pensions in order to benefit future retirees.
Both of these injuries, the plaintiffs claim, were violations of the defendants' duty to represent retirees' interests fairly, a duty which, they claim, arises from both federal law
and article XII, section 4 of the union constitution.
The plaintiffs also argue that allowing the depletion of the 1950 Fund was a violation of the defendants' fiduciary obligations under federal law, § 501(a) of the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C. § 501(a) (1970).
As to the federal aspect of the claim of breach of the duty of fair representation, the defendants point out that this obligation is one that is implied from the majority rule that section 9(a) of the National Labor Relations Act, 29 U.S.C. § 159(a) (1970), imposes on collective bargaining. They also note that retired workers are not under the majority rule provision of this federal statute. Allied Chemical & Alkali Workers of America v. Pittsburgh Plate Glass Co., 404 U.S. 157, 30 L. Ed. 2d 341, 92 S. Ct. 383 (1971). Therefore, they conclude, there is no reason to imply a federal duty of fair representation with regard to retired persons.
As to the claim that the defendants violated 29 U.S.C. § 501(a), the defendants argue that Congress could not have meant to extend the reach of that section so far, because to do so would substantially interfere with one of the overriding purposes of the labor laws -- to insure the efficient operation of the collective bargaining mechanism. Cf. 29 U.S.C. § 151 (1970). This, the defendants note, is precisely one of the reasons why the Supreme Court in Pittsburgh Plate Glass Co., supra, held that retiree benefits are only a permissible subject of collective bargaining.
Although the defendants may be correct on both of these counts, the Court need not decide these questions now. For the defendants have not moved for summary judgment on the plaintiffs' claim that the defendants had a duty of fair representation under the union constitution. Since the plaintiffs have made other arguable federal claims arising out of the same common nucleus of operative facts, the Court also has jurisdiction to hear this contract claim. United Mine Workers of America v. Gibbs, 383 U.S. 715, 725, 16 L. Ed. 2d 218, 86 S. Ct. 1130 (1966).
Accordingly, it is this 23rd day of 1976,
ORDERED that the defendants' motion for summary judgment be, and the same hereby is, denied as to all counts.
John J. Sirica / United States District Judge