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  1. Longarm 310: Longarm Sets the Stage - eBook
  2. Title search results | CELA
  3. Longarm and the Midnight Mistress (Longarm Series #336)
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The President is further given the power, by Section 16, to invoke sanctions against local unions for failure to meet financial obligations to the International, or even, in certain emergency situations, to "take over all books, records, credits and property of such union of every nature whatsoever. In addition, a defense fund has been established through assessment of individual members, such monies to be used to defray legal and other expenses, where a local was "faced with an unauthorized strike or a lock-out. Section 2 is particularly revealing, and we quote it in its entirety:.

Home Rule.

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Home Rule is granted to all affiliated local unions of this Alliance and this shall be construed to confer upon each local union the authority to exercise full and complete control over its own affairs; provided, however, that no local union shall take any actions or adopt any laws which conflict with any portion of the Constitution and By-Laws. The affiliated locals, under Section 3, are empowered to adopt their own constitutions and by-laws for self-government, although the approval of the International President is required for such documents. Further evidence of the autonomy of the locals is provided in Section 15, which permits locals to "execute written contracts with local managers and other employers regulating conditions of employment of all members within their jurisdiction.


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We note also, from an affidavit of the International's President contained in the record, that the sum of the local's powers is quite broad: the local has its own constitution and by-laws; maintains its own treasury; nominates and elects its own officers; conducts its own meetings; collects its own fees and dues; passes upon the qualifications of all membership applicants; " engages in its own organizing activities, negotiates its own contracts with employers and administers such contracts on its own including the handling of grievances with employers "; institutes its own legal and arbitration proceedings and enters into settlements without approval by the International; determines its own expenditures, and, " in general, establishes its own policies, vis-a-vis employers and with respect to internal matters and conducts its own affairs without supervision by the International.

The International further stated, in answer to plaintiff's interrogatories, that it "does not participate in bargaining between employers and locals unless the local encounters a serious disagreement with the employer and asks the International for assistance.

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As we understand appellant's position, two closely related arguments must be considered in determining whether the International should be subject to the jurisdiction of the Maryland courts. First, we must decide whether the activities of the International in Maryland satisfy the "minimum contacts" test of due process. Second, it must be determined whether the relationship between the International and the locals in Maryland is one of principal and agent, whereby the activities of the local are to be attributed to the International, thereby complying with due process and the requirements of the long-arm statute.

We now consider the cases on both issues. The appellant relies heavily in its brief upon a New Jersey case in which the same International before us now was a party. In Moran v. The court noted that the International exercised a degree of centralized supervision over its constituent locals, and often sent representatives to assist the locals in various matters.

The chancellor found that the International was amenable to service of process in New Jersey, stating:. The opinion in Moran sets forth insufficient facts for us to determine whether the International, at that time, had any greater degree of control over its locals than it does now. We do not regard the Moran case as persuasive authority. The decision contains no mention of the then newly-enunciated due process jurisdictional requirements in International Shoe, supra, and it is somewhat unclear, because of a dearth of reported facts, as to whether the court relied upon the International's own contacts with New Jersey, or the activities of the local, as agent for the International.

Furthermore, the injury alleged by the plaintiff occurred in New Jersey, by virtue of the union's refusal to accept his membership application in that state. The activities of Internationals were found to be of sufficient scope for jurisdiction to be exercised locally in International Union of Operating Engineers v. Jones Construction Co. Southern Railway Co. In Jones, the local and International had a common constitution, delegating all supervisory rights to the International; labor agreements were also subject to the approval of the International.

In Edgar, the International had established committees for adjustment of disputes with employers, and it prosecuted all activities as would a local labor union. The above two cases were cited with approval in Beaty v.

The Beaty court noted: "International unions with Charter provisions similar to the ones here considered have, through their control and dominance of local unions, been held, in well-considered cases in other States, to be doing business in places other than the place of their residence. See also Spica v.

The rule in every jurisdiction which has considered this issue appears to be that the degree of control exercised by the out-of-state International over its constituent local determines whether the International will be subject to the jurisdiction of the courts of the forum. One of the most significant controls of the International is its participation in collective bargaining negotiations with employers.

In Brooks v. International Brotherhood of Boilermakers, N.

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The court, in considering whether the International was subject to suit in Minnesota, noted that it had engaged in extensive control over the local's activities, including participation in collective bargaining agreements with employers. It was held that the exercise of jurisdiction over the International was constitutional, especially in view of the fact that plaintiff's cause of action was "closely tied up with the harm resulting from defendant's many activities in [the] state. See also Calagaz v. Calhoon, F. Other cases have considered the more narrow question of whether the local may be considered the "agent" of the International for purposes of satisfying due process and statutory requirements for the exercise of jurisdiction.

We note, before discussing those cases, that the mere fact that an International and its constituent locals are "separate entities" does not establish that the local may not be the agent of the International, as suggested in the International's brief in this case. In EEOC v. Raymond Metal Products Co. Albemarle Paper Co. The court in Raymond Metal Products, in an opinion by Chief Judge Northrop, held that agency was established as between the International and the local, and service upon the local was sufficient to obtain jurisdiction over the International.

The existence of an agency relationship was based upon a provision in a labor-management agreement between the local and the employer that the former would act as representative for the International. The issue discussed herein was not a part of the matter appealed. We fail to understand the appellee's contention that a "separate legal entity," i. The issue before the court in Isbrandtsen Co.

N Y , was again whether a local, subordinate association was the agent of the national association, thereby validating service upon the business manager of the local in a suit against the national union. The court held in this case that service upon the local was improper, since the "national and local [were] autonomous entities," 9 F. Further, the constitution of the national union, viewed as a whole, did not indicate an agency relationship with the local.

Finally, in Claycraft Co. UMW, F. It is clear in this case that the activities of the International itself in Maryland are not of sufficient magnitude for it to be constitutionally subject to the jurisdiction of the courts in this state. A very small percentage of its membership, less than one-third of one percent, resides in Maryland, and its activities in Maryland have been limited to rare occasions when it has participated in collective bargaining conferences, at the request of the local.

The International and local are "separate entities," having their own by-laws and constitutions. Certainly, there is an affiliation between the two organizations. We do not believe, however, that the connection between them is such as to render the local a mere arm of the International, whereby the local's activities and those of the International may properly be considered one and the same. Jurisdiction over the International in Maryland may not be obtained under the long-arm statute or in a manner consistent with due process.

The law is settled that the contacts of an out-of-state entity must be "fairly extensive" before it will be subject to the jurisdiction of the forum, where the cause of action occurred outside the forum's boundaries. International Shoe Co. Washington, supra; Ratliff v.

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None of the plaintiff's claims, by any stretch of the imagination, may be said to have arisen in Maryland, caused injury in Maryland, or to be connected in any way with this jurisdiction. Since the plaintiff has obviously conducted business in the two states where its causes of action appear to have arisen, in both of which the International maintains business offices, it is clear to us that Maryland has no legitimate interest in this matter, and no power to subject the defendant to the jurisdiction of its courts.

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Camelback Ski Corp. Summaries written by judges Summaries focusing on international union's control over its locals in declining general jurisdiction Summary of this case from JASON v. James, Civil Procedure ; Ratliff v. Cooper Laboratories, Inc. Orinoco Mining Co. Having stated the constitutional and statutory guidelines which govern our decision in this case, we shall relate the operative facts as we have gleaned them from the record.

The International, as previously noted, is an unincorporated association having its principal office in New York. It maintains no office in Maryland, but does have a branch office in Los Angeles, California. Approximately local unions throughout the United States and Canada are affiliated with the International. It has approximately 65, members of whom approximately are members of two locals in this State. It maintains no bank accounts in Maryland, has no accounts receivable from Maryland nor any interest in Maryland real property, nor does it have any investments of any kind within the State.

None of the acts of the International upon which plaintiff's claims are based was committed in Maryland. Rather, the alleged tortious conduct occurred in New York and California. The Constitution of the International sets forth the purposes of the organization, and explains the powers of the International vis-a-vis the locals. Such purposes are expressed, in Article One, Section 2, as the improvement of social and economic conditions for employees in the various fields of endeavor encompassed by the union's membership, the assurance of employment for members, and the maintenance of fair wage payments.

The membership of the International comprises, for the most part, the members in good standing of all locals holding a charter from the International. Several sections of the Constitution indicate powers which the International holds over its local units. Article Seven, Section 9 states that the International President may order the officers of a local to submit its books and records for inspection whenever it may be deemed expedient.

Section 10 of the same article allows the President to order members to refrain from rendering service to employers who may be indebted to other members. The President is further given the power, by Section 16, to invoke sanctions against local unions for failure to meet financial obligations to the International, or even, in certain emergency situations, to "take over all books, records, credits and property of such union of every nature whatsoever.

In addition, a defense fund has been established through assessment of individual members, such monies to be used to defray legal and other expenses, where a local was "faced with an unauthorized strike or a lock-out. Section 2 is particularly revealing, and we quote it in its entirety:. Home Rule. Home Rule is granted to all affiliated local unions of this Alliance and this shall be construed to confer upon each local union the authority to exercise full and complete control over its own affairs; provided, however, that no local union shall take any actions or adopt any laws which conflict with any portion of the Constitution and By-Laws.

The affiliated locals, under Section 3, are empowered to adopt their own constitutions and by-laws for self-government, although the approval of the International President is required for such documents. Further evidence of the autonomy of the locals is provided in Section 15, which permits locals to "execute written contracts with local managers and other employers regulating conditions of employment of all members within their jurisdiction.

We note also, from an affidavit of the International's President contained in the record, that the sum of the local's powers is quite broad: the local has its own constitution and by-laws; maintains its own treasury; nominates and elects its own officers; conducts its own meetings; collects its own fees and dues; passes upon the qualifications of all membership applicants; " engages in its own organizing activities, negotiates its own contracts with employers and administers such contracts on its own including the handling of grievances with employers "; institutes its own legal and arbitration proceedings and enters into settlements without approval by the International; determines its own expenditures, and, " in general, establishes its own policies, vis-a-vis employers and with respect to internal matters and conducts its own affairs without supervision by the International.

The International further stated, in answer to plaintiff's interrogatories, that it "does not participate in bargaining between employers and locals unless the local encounters a serious disagreement with the employer and asks the International for assistance.

As we understand appellant's position, two closely related arguments must be considered in determining whether the International should be subject to the jurisdiction of the Maryland courts.