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Dowd v. United Steelworkers Of Am., Local No. 286

Title VII judgment affirmed against union for racial discrimination in action brought by employees who crossed picket line; compensatory damages for emotional distress not capped by statute, plaintiffs presented sufficient evidence of discriminatory workplace harassment, and union not entitled to set-off for damages paid by company.

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The full case caption appears at the end of this opinion.

RICHARD S. ARNOLD, Circuit Judge. Plaintiffs, Stanley D. Dowd and Richard Brown, Jr., filed suit against the United Steelworkers of America, Local 286, pursuant to Title VII, 42 U.S.C. � 2000e et seq., and 42 U.S.C. � 1981, alleging racial discrimination. A jury returned a plaintiffs’ verdict, and the union appeals the District Court’s [FOOTNOTE 2] denial of its motion for judgment as a matter of law. We affirm.

I.

We consider the evidence produced at trial in the light most favorable to the plaintiffs, the verdict-winners. See Ogden v. Wax Works, Inc., 214 F.3d 999, 1002 (8th Cir. 2000). The union is the bargaining representative for 1,400 employees at Goodyear Tire & Rubber Company’s plant in Lincoln, Nebraska. In April of 1997, the union went on a strike which lasted three weeks. During the strike, the president of the union, Hugh Bowen, was out of the state participating in negotiations with Goodyear. The vice president of the union, John Shotkoski, was in charge of the day-to-day strike activity.

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