Jeanne P. Herman v. United Brotherhood of Carpenters and Joiners of America, Local Union No. 971

When Jeanne Herman, a member of an office-worker’s union, was abruptly terminated after 36 years of service, she brought suit against her employer, a local of the Carpenter’s union, asserting a variety of claims. This appeal from a grant of summary judgment in favor of Herman’s employer raises several questions: 1) Under what circumstances may a union member bring a breach of contract claim directly against her employer without exhausting grievance procedures under her collective bargaining agreement? 2) Under what circumstances may a union be deemed to have received federal financial assistance within the meaning of the Rehabilitation Act? 3) Under what circumstances does a union in its capacity as an employer fall within the reach of the federal Age Discrimination in Employment Act and the analogous Nevada employment discrimination statutes? and 4) Are certain common law tort claims preempted by the Labor-Management Relations Act or otherwise barred?

BACKGROUND

Jeanne Herman, who is sixty-eight-years-old and suffers from lameness due to polio, was employed as a clerical worker by Local No. 971 of the United Brotherhood of Carpenters and Joiners of America. In 1991, she was…