DocketNumber: PC 91-2420
Judges: <underline>GIBNEY, J.</underline>
Filed Date: 7/25/1991
Status: Non-Precedential
Modified Date: 4/18/2021
With respect to the defendants' assertion that the plaintiff's claim be dismissed because he has failed to exhaust the remedies available through the union, the Court agrees. The eighth circuit has held that ordinarily an employee must first exhaust all internal union remedies before seeking relief against a union in federal court, absent adequate reasons for failing to do so. Rainey v. Missouri Utilities Co.,
The Rhode Island Supreme Court has also indicated that as a matter of judicial policy all avenues of appeal within the union must be exhausted before the jurisdiction of the court is invoked. Federation of Insurance Employees v. United OfficeWorkers of America,
Notwithstanding the above reasoning pertaining to the internal union remedies available to the plaintiff, the Court finds no basis in either law or fact to support the contention that the plaintiff is presently entitled to past union dues. Having enjoyed the benefits of union membership for several years, there is no merit to the plaintiff's claim that he is now able to recoup the dues paid out during this period of time after he is no longer associated with the union.
Therefore, for the reasons set forth above, the defendants' motion to dismiss is granted. Counsel are directed to prepare an order in conformity with this decision.
Gene Detroy v. American Guild of Variety Artists, Joey ... , 286 F.2d 75 ( 1961 )
hubert-d-rainey-v-missouri-utilities-company-a-corporation-local-union , 596 F.2d 310 ( 1979 )
Federation of Insurance Employees v. United Office & ... , 77 R.I. 210 ( 1950 )
Kobielnik v. INTERN. BROTH. OF TEAM., ETC. , 470 F. Supp. 125 ( 1979 )