Jonathan Davis, Philip Evans and Mindy Ball, on behalf of themselves and all others similarly situated v. Professional Musicians Local 47, American Federation of Musicians of the United States and Canada, Performing Arts Center of Los Angeles County
Published: Dec. 13, 2014 | Result Date: Sep. 2, 2014 | Filing Date: Jan. 1, 1900 |Case number: 8:12-cv-00960-BRO-AN Bench Decision – Defense
Court
USDC Central
Attorneys
Plaintiff
Christopher W. Katzenbach
(Katzenbach Law Offices)
Conor D. Mack
(Arena Hoffman LLP)
Defendant
Jonathan M. Brenner
(Epstein, Becker & Green PC)
Ira L. Gottlieb
(Bush Gottlieb)
Katherine A. Roberts
(Sidley Austin LLP)
Facts
Jonathan Davis, Philip Evans and Mindy Ball filed a class action against Professional Musicians Local 47, American Federation of Musicians of the United States and Canada, and Performing Arts Center of Los Angeles County. This dispute was between labor organizations and union members, involving alleged violations of various collective bargaining agreements.
Defendant American Federation of Musicians was dismissed prior to trial. The case continued against Professional Musicians Local 47 and Performing Arts Center of Los Angeles County only.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that defendants were local and international labor organizations that represented employees in the music industry, and were members of such unions. The Performing Arts Center of Los Angeles County was a non-profit corporation that employed musicians such as plaintiffs and others in the music industry.
Plaintiffs alleged that they, and others similarly situated, were musicians employed by Music Center Dance for ballet production. Their employment was governed, in part, by a written collective bargaining agreement. Plaintiffs alleged that sometime prior to December 2011, the Music Center Dance arranged to transfer the Ballet Orchestra's work to the Los Angeles Opera Orchestra under a contract with the Los Angeles Opera. Under the contract, Music Center Dance hired the LA Opera as the musicians for programs produced by Music Center Dance. Plaintiffs alleged that this violated various collective bargaining agreements with defendants. As such, they sued, asserting claims for breach of fair representation and breach of collecting bargaining agreement, violation of the Labor Management Reporting and Disclosure Act, violation of Sections 101(a)(2) and 101(a)(4) of the LMRDA, violation of local and international union bylaws, and violation of international union bylaws.
DEFENDANTS' CONTENTIONS:
In its answer, defendant PACLAC denied plaintiffs' allegations, and asserted various affirmative defenses.
Result
The court granted defendants' motion for summary judgment, and entered a dismissal of the action in its entirety and with prejudice against all defendants.
Other Information
FILING DATE: June 14, 2012.
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