Frank Winterberger v. General Teamsters Auto Truck Drivers and Helpers Local Union 162 and Joseph M. Edgar

Winterberger, a member of the appellee Local 162, General Teamsters Auto Truck Drivers and Helpers Union (Local 162), appeals from summary judgment entered in favor of Local 162 in this action for damages and equitable relief under section 102 of the Labor-Management Reporting and Disclosure Act (LMRDA), 29 U.S.C. § 412 . On this appeal the sole question is whether the district court erred in dismissing the action on the ground that Winterberger had failed to exhaust available intra-union remedies prior to commencing suit.

The facts, so far as need be noticed, are briefly these: Local 162, following a disciplinary hearing, fined Winterberger for crossing the picket line of another union. Winterberger appealed to his Union’s Joint Council but was denied relief. He then requested the International Union to waive the requirement that the amount of the fine be deposited with the International as a pre-condition of a further appeal. When the International refused, Winterberger declined to comply with the requirement and abandoned his appeal to the International.

Local 162 then filed suit in an Oregon State Court of general jurisdiction to collect the fine. Judgment went against Local…