McClatchy v. Brotherhood's Relief & Compensation Fund


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Docket Number: 2010-CA-01427-COA
Linked Case(s): 2010-CA-01427-COA ; 2010-CT-01427-SCT

Court of Appeals: Opinion Link
Opinion Date: 08-23-2011
Opinion Author: Irving, P.J.
Holding: Affirmed

Additional Case Information: Topic: Contract - Rules of private organization
Judge(s) Concurring: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ.
Nature of the Case: CIVIL - CONTRACT

Trial Court: Date of Trial Judgment: 07-30-2010
Appealed from: Adams County Circuit Court
Judge: Forrest Johnson
Disposition: GRANTED SUMMARY JUDGMENT FOR DEFENDANT
Case Number: 08-KV-0005-J

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Robert L. McClatchy, III




C.E. SOREY II



 
  • Appellant #1 Brief

  • Appellee: Brotherhood's Relief & Compensation Fund ROBERT C. LATHAM  

    Synopsis provided by:

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    Topic: Contract - Rules of private organization

    Summary of the Facts: Robert L. McClatchy III was employed by the Kansas City Southern Railroad when he was terminated for his failure to report an injury that he had received while working. McClatchy then filed a claim with the Brotherhood’s Relief & Compensation Fund, a non-profit organization for railroad workers, which was denied. McClatchy appealed to circuit court which found that BRCF was entitled to summary judgment. McClatchy appeals.

    Summary of Opinion Analysis: It is well-settled law that clubs and societies, including labor unions, have the right to establish their own rules and qualification for membership. Here, BRCF’s constitution clearly states that members are not entitled to “held out of service” benefits if they committed a willful or intentional violation of an employer’s rules and regulations. The constitution further states that BRCF’s determination that a violation was willful or intentional is final and unappealable. After reviewing McClatchy’s case, BRCF found that his failure to report his injury was a willful or intentional violation of the KCSR’s rules. As a private organization, BRCF has the discretion to establish its own rules and regulations. McClatchy has not provided any evidence or authority to suggest that BRCF’s constitution was contradictory or was not followed by BRCF in denying McClatchy’s claim for benefits.


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