Benson v. Gen. Motors Corp., 716 F.2d 862 (11th Cir. 1983). · Go Syfert
Benson v. Gen. Motors Corp., 716 F.2d 862 (11th Cir. 1983). Cases Citing This Book View Copy Cite
58 citation events (7 in the last 25 years) across 17 distinct courts.
Strongest positive: Albert Steward v. Int'l Longshoreman's Assoc. (ca11, 2007-03-28)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
cited Cited as authority (rule) Albert Steward v. Int'l Longshoreman's Assoc.
11th Cir. · 2007 · confidence medium
Haskell Co., 616 F.2d at 140-41 ; Benson, 716 F.2d at 864.
discussed Cited as authority (rule) United States v. New York City Board of Education
E.D.N.Y · 2006 · confidence medium
May 26, 1995) ("Although plaintiffs have not been terminated or threatened with future layoffs, they have suffered a legally cognizable injury because they lost bargaining unit seniority ...(citing Benson, 716 F.2d at 864)); see also Firefighters Local Union No. 1784 v. Stotts, 467 U.S. 561, 569-72 , 104 S.Ct. 2576 , 81 L.Ed.2d 483 (1984) (striking down court order because "unless set aside [the order] must be complied with in connection with any future layoffs.” (emphasis added)). 34 .
discussed Cited as authority (rule) United States v. Windward Properties, Inc.
N.D. Ga. · 1993 · confidence medium
See, e.g., Welch, 951 F.2d at 1237 (presence of genuine factual questions precluded summary judgment on basis of statute of limitations); Benson v. General Motors Corp., 716 F.2d 862, 864 (11th Cir. 1983) (same); United States v. Hobbs, 736 F.Supp. at 1410 (court looked to evidence produced at trial to determine when plaintiff knew or should have known of violation of CWA).
discussed Cited as authority (rule) Beaman v. Yakima Valley Disposal, Inc. (2×)
Wash. · 1991 · confidence medium
Porter Co., 727 F.2d 502, 505 (5th Cir. 1984) (citing Benson v. General Motors Corp., 716 F.2d 862, 864 (11th Cir. 1983)).
discussed Cited as authority (rule) Railway Labor Executives' Association v. Southern Railway Company
11th Cir. · 1988 · confidence medium
As this court has explained, "[f]or the purpose of determining when the § 10(b) period begins to run, we look to when plaintiffs either were or should have been aware of the injury itself, not to when plaintiffs’ [sic] became aware of one of the injury's many manifestations.” Howard, 742 F.2d at 614 (citing Benson v. General Motors Corp., 716 F.2d 862, 864 (11th Cir.1983)).
discussed Cited as authority (rule) Hayes v. Reynolds Metals Co. (2×)
11th Cir. · 1985 · confidence medium
Id. at 863.
discussed Cited as authority (rule) Illis v. United Steelworkers of America (2×) also: Cited "see"
D.V.I. · 1985 · confidence medium
See also Scott v. Local 863, International Brotherhood of Teamsters, 725 F.2d 226 , 229 (3d Cir.1984) (remanding to district court for determination of “when the futility of further union appeals became apparent or should have become apparent” to plaintiffs); Benson v. General Motors Corp., 716 F.2d 862, 864 (11th Cir. 1983) (remanding to district court for determination of “when appellants knew of, or should have known of” the injury of which they complained); Metz v. Tootsie Roll Industries, 715 F.2d 299, 304 (7th Cir.1983) (holding that “[a]t some point prior to six months precedi…
discussed Cited as authority (rule) Donald E. Howard v. Lockheed-Georgia Company, Aeronautical MacHinists Local Lodge 709 of the International
11th Cir. · 1984 · confidence medium
As stated by this Court, “[f]or the purpose of determining when the § 10(b) period begins to run, we look to when plaintiffs either were or should have been aware of the injury itself, not to when plaintiffs’ became aware of one of the injury’s many manifestations.” Benson v. General Motors Corp., 716 F.2d 862, 864 (11th Cir. 1983).
cited Cited as authority (rule) Estades v. Harry M. Stevens, Inc.
D.P.R. · 1984 · confidence medium
Benson v. General Motors Corp., 716 F.2d 862, 864 (11th Cir.1983).
discussed Cited as authority (rule) J.C. Farr and Glendell Green, Etc., Cross v. H.K. Porter Company, Inc., United Brick and Clay Workers of America, Afl-Cio, Cross
5th Cir. · 1984 · confidence medium
We are in agreement with the Eleventh Circuit in holding that “[f]or the purpose of determining when a § 10(b) period begins to run, we look to when the plaintiffs either were or should have been aware of the injury itself, not to when the plaintiffs became aware of one of the injury’s many manifestations.” Benson v. General Motors Corp., 716 F.2d 862, 864 (11th Cir.1983) (application of Del Costello ruling to suit against employer and union, remand *506 for determination of when period of limitations began to run).
cited Cited "see" Whittle v. Local 641, International Brotherhood of Teamsters
3rd Cir. · 1995 · signal: see · confidence high
See Benson v. General Motors Corp., 539 F.Supp. 55, 56 (N.D.Ala.1981), vacated, 716 F.2d 862 (11th Cir.1983).
discussed Cited "see" Michael J. Whittle v. Local 641, International Brotherhood Of Teamsters, Chauffeurs, Warehousemen And Helpers Of America, Afl-Cio
3rd Cir. · 1995 · signal: see · confidence high
See Benson v. General Motors Corp., 539 F.Supp. 55, 56 (N.D.Ala.1981), vacated, 716 F.2d 862 (11th Cir.1983). 10 When a grievance procedure does apply, the employee-plaintiff is required to at least attempt to exhaust his or her remedies under that procedure before a Sec. 301 suit can be filed against the employer.
cited Cited "see" Carpenters Local Union No. 1846 of United Brotherhood of Carpenters & Joiners of America, AFL-CIO v. Pratt-Farnsworth, Inc.
E.D. La. · 1984 · signal: see · confidence high
See Benson v. General Motors Corp., 716 F.2d 862, 864 (11th Cir.1983); Farr v. H.K.
discussed Cited "see, e.g." Ryder v. Philip Morris, Inc.
E.D. Va. · 1996 · signal: see also · confidence low
Ryder’s failure to appreciate the significance of the Union’s decision is of no moment in determining the accrual of his injury because the “question is not when the union abandoned its support ... but when the union breached its duty of fair representation.” Barrett, 868 F.2d at 171 ; see also Benson v. General Motors Corporation, 716 F.2d 862 , 864 (11th Cir.1983) (§ 10(b) period begins to run when “plaintiffs either were or should have been aware of the injury itself, not [ ] when plaintiffs became aware of one of the injury’s many manifestations.”); compare *431 English v. W…
cited Cited "see, e.g." Roberts v. Walt Disney World Co.
M.D. Fla. · 1995 · signal: see also · confidence medium
See also Benson v. General Motors Corp., 716 F.2d 862, 863 (11th Cir.1983).
Retrieving the full opinion text from the archive…
Harold E. Benson
v.
General Motors Corporation, a Corporation and the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America
82-7015.
Court of Appeals for the Eleventh Circuit.
Oct 7, 1983.
716 F.2d 862
Published

716 F.2d 862

114 L.R.R.M. (BNA) 2919, 98 Lab.Cas. P 10,468

Harold E. BENSON, et al., Plaintiffs-Appellants,
v.
GENERAL MOTORS CORPORATION, a corporation; and the
International Union, United Automobile, Aerospace
and Agricultural Implement Workers of
America, Defendants-Appellees.

No. 82-7015.

United States Court of Appeals,
Eleventh Circuit.

Oct. 7, 1983.

Jack Drake, Ray Ward, Tuscaloosa, Ala., for plaintiffs-appellants.

Stanford, Fagan & Giolito, Robert S. Giolito, Atlanta, Ga., for Int'l Union, United Auto. & Agri. Implement Workers.

Lange, Simpson, Robinson & Somerville, Charles A. Powell, III, Daniel Gerard Galant, Birmingham, Ala., for General Motors Corp.

Michael Nicholson, Detroit, Mich., for Intern. Union-UAW.

Appeal from the United States District Court for the Northern District of Alabama.

Before HILL and VANCE, Circuit Judges, and TUTTLE, Senior Circuit Judge.

PER CURIAM:

1

Plaintiffs/appellants are all employees of appellee General Motors Corporation and are members of the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America ("UAW"). Appellants allege that in 1978 GM and the UAW entered into an agreement whereby persons employed in GM's plants throughout the United States would be given "preferential consideration" for hiring in certain new GM plants being opened primarily in the southeast. As part of this preferential consideration, an employee would give up any seniority he had established in his or her existing job as well as any right to be reemployed there but would be accorded "preferential consideration" at the new plants. Appellants had established seniority in their jobs at various plants throughout the United States. Each appellant, however, accepted GM's offer to transfer them to GM's new plant in Tuscaloosa, Alabama with preferential consideration. Appellants were hired into the Tuscaloosa plant on various dates between July 1979 and April 1980.

2

Plaintiffs contend that they were not accorded preferential consideration, that 150 other persons were hired by the Tuscaloosa plant who were given higher seniority status, and that consequently all plaintiffs were laid off at the Tuscaloosa plant.

3

On March 19, 1981, appellants filed the present class action against GM and the UAW pursuant to 28 U.S.C. Sec. 1337 and Sec. 301 of the Labor Management Relations Act, 29 U.S.C. Sec. 185. In their complaint, appellants alleged that GM had breached its contract with appellants and that the UAW had breached its duty of fair representation to appellants and the class they represent. The district judge granted appellees' motion for summary judgment on the ground that the appellants' Sec. 301 claim was barred by the six month limitation period prescribed by Sec. 10(b) of the National Labor Relations Act, 539 F.Supp. 55. We vacate and remand with instructions.

4

In Del Costello v. International Brotherhood of Teamsters, --- U.S. ----, 103 S.Ct. 2281, 76 L.Ed.2d 476 (1983), the Supreme Court held that Sec. 10(b)'s six month period for filing unfair labor practice charges applies to a Sec. 301 fair representation action brought by an employee against her employer and/or her union. The sole question in this appeal is therefore whether the six month period began to run when appellants were laid off in October 1980 or at some earlier time.

5

The national agreement between GM and the UAW provides that:

6

Up-to-date seniority lists shall be made available to all employees for their inspection within the plant either by posting where practical or by a satisfactory equivalent method. The method of displaying seniority lists is a matter for local negotiation.

7

The seniority list shall contain each employe's [sic] name, occupational group, plant seniority date, his skilled trades date of entry or his skilled trades seniority date. This will not require a change in any mutually satisfactory local practice now in effect.[1]

8

If these lists were posted at the Tuscaloosa plant as required by the national agreement between GM and the UAW, plaintiffs' inferior seniority status would have been apparent to plaintiffs either at the time they were hired or shortly thereafter. In either event, plaintiffs would have been aware of their Sec. 301 claim more than six months before they filed the present action. The injury of which appellants complain is their loss of seniority. Appellants should have known of this loss when the seniority lists were posted. See Amcar Division, ACF Industries, Inc. v. NLRB, 592 F.2d 422, 430-31 (8th Cir.1979). Plaintiffs' injury, the loss of seniority, manifested itself in many forms including their layoff. For the purpose of determining when the Sec. 10(b) period begins to run, we look to when plaintiffs either were or should have been aware of the injury itself, not to when plaintiffs became aware of one of the injury's many manifestations. See NLRB v. Auto Warehousers, Inc., 571 F.2d 860, 864-65 (5th Cir.1978). As movants for summary judgment, GM and the UAW bear the burden of showing that everything in the record demonstrates that no genuine issue of material fact exists. Bullard v. OMI Georgia, Inc., 640 F.2d 632, 633-34 (5th Cir. Unit B 1981); Fed.R.Civ.P. 56(c). Appellees have not satisfied this burden. The record contains no evidence that the required seniority list was in fact posted at the Tuscaloosa plant. Whether these lists were actually posted is a material issue upon which resolution of the statute of limitation period questions turns.

9

The judgment of the district court is therefore vacated and remanded in order to determine whether the seniority lists were posted in accordance with the national contract or, if not, when appellants knew of, or should have known of their lower seniority status. If the district court finds it to be undisputed that this list was posted, the court is instructed to reinstate its judgment.

10

VACATED and REMANDED with Instructions.

1

In its brief, appellee GM refers to the national agreement as Exhibit A to Ralph Handley's affidavit. The affidavit refers to Exhibit A as the "collective bargaining agreement between General Motors and the United Auto Workers" and to Exhibit B as "part of the Constitution of the United Auto Workers of America which provides internal appeals procedures ...." These exhibits are currently not contained in the record volume and were presumably inadvertently retained by counsel in preparing their briefs on appeal. Since no party questions the accuracy of GM's quotation from Exhibit A, we assume that the quotation accurately reflects the content of the collective bargaining agreement. On remand, however, the district court should examine the exhibits themselves to ensure that the quotation relied upon by this court truely reflects the content of exhibits themselves