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PRANI v. INT. BR. OF TEAM.

July 27, 1983

EMIL PARINI, PLAINTIFF,
v.
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WARE-HOUSEMEN AND HELPERS OF AMERICA, LOCAL 179, DEFENDANT.



The opinion of the court was delivered by: Shadur, District Judge.

MEMORANDUM OPINION AND ORDER

Emil Parini ("Parini") sues International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local 179 ("Union"), contending he was wrongfully discharged from his position as a Union business agent. His Complaint arguably draws on several jurisdictional predicates: Sections 102, 401, 501 and 609 of the Labor-Management Reporting and Disclosure Act of 1959 (the "Act"), 29 U.S.C. § 412, 481, 501 and 529,*fn1 and 28 U.S.C. § 1331.

Union has moved under Fed.R.Civ.P. ("Rule") 12(b)(1) and (6) to dismiss this action for want of subject matter jurisdiction. For the reasons stated in this memorandum opinion and order Union's motion is granted.

Complaint Allegations*fn2

Union is an Illinois-based labor organization representing Illinois employees. Also residing in Illinois, Parini is a Union member and was employed by it as a business agent from June 1976 until January 1982. In October 1975 Parini decided to run for Union office. Attempting to dissuade him, certain Union officials promised to appoint him as a business agent until the next election if he did not run in the current election.*fn3 Parini agreed. In consideration for his thus deferring pursuit of his political aspirations, elected Union officials selected him as one of Union's business agents effective June 1976. From that time until August 1981 two other elections were held. Each time Parini opted not to become a candidate because certain Union officials had again promised (before each election) to retain him as a business agent (until the next election) so long as he did not run for office.

Union's next election was scheduled for October 1981. Before the September deadline for nominations, Parini informed certain Union officials of his intention to run for office in that election. Once again those officials made their conditional offer to renew his employment contract. Again Parini accepted, foregoing another opportunity to seek election.

Nonetheless, in January 1982 Parini was terminated and told he would be reappointed as soon as another business agent position became available. In September 1982 one of Union's business agents died. Though Parini had asked to be given that opening, Union appointed someone else to the post instead.

Parini asserts not only the loss of substantial wages he would have received as business agent since January 1982 but "injury to his reputation, humiliation, suffering and mental anguish." For all this he seeks reinstatement in his job plus damages:

  (1) loss of wages, the claimed injuries and
  expenses including attorney's fees — for all this
  the nice round sum of $500,000 and

(2) another $500,000 in punitive damages.

Subject Matter Jurisdiction

Parini's attempt to invoke this Court's subject matter jurisdiction has three logical steps:

    1. Union's breach of its agreement to retain
  Parini as a business agent offended certain of
  his rights under the Act by effectively depriving
  him of the opportunity to run for Union office:
      (a) his equal voting rights and rights of
    speech and assembly under Sections 101(a)(1)
    and (2) (part of Title I of the Act),
    ...

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