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Dawson v. New Orleans Clerks & Checkers Union
Citations: 483 So. 2d 249; 48 Fair Empl. Prac. Cas. (BNA) 674Docket: CA-3684
Court: Louisiana Court of Appeal; February 17, 1986; Louisiana; State Appellate Court
Plaintiffs Betty Dawson, Charles Jett, and Geraldine Madding filed a lawsuit against the New Orleans Clerks and Checkers Union, Local 1497 of the International Longshoremen's Association, alleging employment discrimination based on race, in violation of LSA-R.S. 23:1006. The trial court granted summary judgment in favor of the Union, concluding it did not meet the statutory definition of "employer," which requires having more than fifteen employees. The statute defines an employer as any entity providing compensation in exchange for services from an individual and employing more than fifteen individuals. Plaintiffs conceded that the Union had fewer than fifteen employees handling its internal affairs but argued that Union members should also be counted as employees. The court rejected this argument, determining that Union members were not employed by the Union since they chose to join voluntarily, and thus did not qualify as employees under the statute. The court noted that a summary judgment is appropriate when there is no genuine issue of material fact, and the mover is entitled to judgment as a matter of law. The appellate court affirmed the trial court's decision, upholding the summary judgment that dismissed the plaintiffs' claims against the Union.