Sherry R. Brett v. Hotel, Motel, Restaurant, Construction Camp Employees and Bartenders Union, Local 879

The Union appeals from judgment on a jury verdict awarding $101,000 in damages to Brett on account of the Union’s violation of her rights under the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA). We affirm.

FACTS

Brett, a member of the Hotel, Motel, Restaurant, Construction Camp Employees and Bartenders Union, Local 879 (Union), began kitchen work at Construction Camp No. 2 (CC2) at Prudhoe Bay, Alaska in 1976. In March of 1977, Brett was elected shop steward for CC2. The collective bargaining agreement in effect at the time of her election provided that the steward “be selected by the men on the job, with the approval of the local union.” The union contract also provided that stewards would have super-seniority, that is, in the event of layoffs they would be the last to lose their jobs.

On September 5, 1978, Brett was injured in an automobile accident. On that date, Brett held top seniority at CC2, by virtue of her position as steward as well as her date of hire. Because Brett was out of work for more than thirty days due to her injuries, she was terminated by her employer pursuant to the collective bargaining agreement. When she returned to work in January of…