Donald R. Zimmerman, Sr. v. International Longshoreman's Association, Local 1694, William Ashe, John Doe 1 Through 10, and International Longshoreman's Association, Local 2076

Summary

The opinion addresses cross-motions for summary judgment in Donald R. Zimmerman Sr.’s action concerning his expulsion from union membership, denial of union free-speech rights, breach of contract, violation of union bylaws, and tortious interference. The court granted the defendants’ motion as to Count V, denied it as to Counts I, II, III, IV, VI, VII, and VIII, and denied the plaintiff’s partial summary-judgment motion as to Counts I, V, and VIII.

Holdings

1. Genuine disputes of material fact existed as to whether Local 1694 wrongfully expelled Zimmerman by refusing his dues and ending his membership, including whether the union independently reviewed whether GT Wilmington's termination and ban were justified. Summary judgment was therefore denied to both sides on the relevant LMRDA claims.
2. Genuine disputes of material fact existed as to whether Zimmerman received adequate due process before losing union membership, particularly whether the union reasonably and independently reviewed whether his termination and permanent Port ban were for just cause. Summary judgment was denied on the bylaw due-process claim.
3. Summary judgment was denied on the Section 301 breach-of-contract claim because genuine disputes of material fact existed as to whether Local 1694 breached the merger agreement by failing to honor Local 1694-1's prior decision to pursue arbitration and whether that conduct caused damages.
4. Local 1694 did not violate its bylaws by refusing to submit the Executive Board's decision not to pursue Zimmerman's grievance to a general membership vote. Summary judgment was granted to defendants on Count V.
5. Zimmerman's tortious-interference-with-prospective-economic-advantage claim was not preempted by LMRA Section 301 because it was based on alleged wrongful expulsion under LMRDA Section 101(a)(5), rather than interpretation of the collective bargaining agreement or union bylaws. Summary judgment was denied because genuine disputes existed as to the claim's elements.
6. Summary judgment was denied on Zimmerman's LMRDA free-speech retaliation claim because genuine disputes of material fact existed as to whether he engaged in protected expression, suffered adverse action, and experienced retaliation directly resulting from that expression.

Questions Presented

1. Whether genuine disputes of material fact precluded summary judgment on Zimmerman's LMRDA claims for wrongful expulsion and denial of free-speech rights.
2. Whether genuine disputes of material fact precluded summary judgment on Zimmerman's LMRA Section 301 breach-of-contract claim based on the merger agreement and the union's decision not to pursue arbitration.
3. Whether the union violated its bylaws by refusing to submit its decision not to pursue arbitration to a general membership vote.
4. Whether Zimmerman's tortious-interference claim was preempted by LMRA Section 301 and, if not, whether genuine disputes of material fact existed as to its elements.
5. Whether plaintiff was entitled to partial summary judgment on liability.

Disposition

other