## Facts

- Local 293 (plaintiff) and Local 293-A (defendant) were New Orleans-area local unions.
- Both locals were affiliated with the International Alliance of Theatrical Stage Employees and Moving Picture Operators of the United States and Canada (IATSE).
- Local 293 was predominantly White and had more than 90 members.
- Local 293-A was predominantly Black and had fewer than 10 members.
- Local 293-A refused to merge with Local 293.
- Local 293 sued in federal district court, claiming Local 293-A’s refusal to merge was race discrimination in violation of Title VII of the Civil Rights Act of 1964.
- Local 293 did not join the IATSE international union as a defendant.
- Local 293-A moved to dismiss for lack of Title VII coverage/jurisdiction based on its small membership size.
- The district court denied the motion to dismiss.
- Local 293-A appealed the denial of dismissal to the Fifth Circuit.

## Issues

1. Whether Title VII provided federal jurisdiction over a claim against a local union that had fewer than the statute’s minimum number of members to qualify as a covered “labor organization.”
2. Whether Title VII coverage could be established based on the local’s affiliation with an international union when the international union was not joined as a party.

## Decision

- The Fifth Circuit reversed the district court’s order denying Local 293-A’s motion to dismiss.
- The court held that Title VII’s coverage of labor organizations depends on meeting the statute’s minimum-membership requirement.
- Because Local 293-A had fewer than 10 members, it did not satisfy Title VII’s coverage threshold for a labor organization sued in its own name.
- The court declined to treat the international union’s size or status as a substitute basis for jurisdiction where the international union was not a party to the case.
- The case was remanded for further proceedings consistent with the lack of Title VII jurisdiction over Local 293-A.

## Legal Principles

- Title VII applies to labor organizations only if the defendant meets the statute’s coverage requirements, including the minimum-membership threshold.
- When a defendant does not qualify as a covered labor organization under Title VII, the federal court lacks subject-matter jurisdiction over the Title VII claim against that defendant.
- A plaintiff cannot establish Title VII coverage by relying on an affiliated entity’s size or status when that affiliated entity is not sued and is not before the court.

## Conclusion

Local 293 sued Local 293-A under Title VII after Local 293-A refused to merge, but the Fifth Circuit reversed the denial of dismissal because Local 293-A’s fewer-than-10-member size failed Title VII’s minimum-membership coverage requirement for labor organizations, and the international union’s affiliation did not supply jurisdiction when the international was not joined.


Local No. 293 of International Alliance of Theatrical Stage Employees v. Local No. 293-A of International Alliance of Theatrical Stage Employees, 526 F.2d 316 (1976)