A motion for summary judgment is appropriate only when there is no genuine issue of material fact, and one party is entitled to judgment as a matter of law. Worley In support of its motion, the International submitted the affidavit of Mr. What's New Offices. The constitution is better viewed as providing a structural framework for charters of the International, it does not, however, establish that for purposes of Title VII, the International exerts control over Local Although Local employees perform some administrative duties for the Fund, in accordance with Fund procedures, the Fund is not the agent of Local nor does it constitute a single entity with Local Dougherty Aff. After consideration of the briefs, affidavits, and depositions submitted on this matter, I have determined that plaintiff's contentions are not valid. Notwithstanding Ms.
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As previously discussed with respect to subject matter jurisdiction, plaintiff's bare allegation that the International controls Local cannot be supported by the evidence.
Shepherdson v. Local Union No. , F. Supp. (E.D. Pa. ) Justia
Survey technician apprentice Elizabeth Bring's father was a union lumberjack and her mother was a union truck driver. The employer-employee relationship is key to this determination. The International maintains that because it never employed plaintiff in any sense, it cannot be held liable for the alleged conduct of Local and Dougherty. A to Worley Aff.
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The International's motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12 c and in the alternative for summary judgment pursuant to Federal Rule of Civil Procedure 56, filed Doc.
The constitution is better viewed as providing a structural framework for charters of the International, it does not, however, establish that for purposes of Title VII, the International exerts control over Local Relationship Between Local and the International No individuals are specifically identified as employees of the International as the parties assume that if the International's employees could be counted, the statutory minimum would be met. In rejecting this argument, the court indicated that traditional indicia of an agency relationship applied and that plaintiff had not alleged facts, such as consent to another acting on the entities behalf or the principal's control of the agent, sufficient to establish such an agency relationship.
In a motion for summary judgment, the court may examine evidence beyond the pleadings.
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|Whether the law imparts responsibility for discriminatory acts of the local to the international depends on the entities' interrelationship with respect to the act from which liability stems.
In support of her contention, plaintiff cites the following portions of the constitution, which regulate the local unions as summarized:. Worley In support of its motion, the International submitted the affidavit of Mr.
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