Vikman V. International Brotherhood Of Electrical Workers

In International Brotherhood of Electrical Workers/Local Union 1269 v. Vikman, 854 P.2d 1302 (Colo. App. 1992), the court of appeals reversed the trial court's judgment directing verdicts in favor of the petitioners, Edwin T. Vikman and Duane Vikman, and against the respondent, International Brotherhood of Electrical Workers, Local 1269 (Local 1269), on claims by Local 1269 for collection of fines imposed as the result of disciplinary proceedings instituted by Local 1269 against the Vikmans. The court of appeals also reversed jury verdicts for the Vikmans and against Local  1269 on counterclaims by the Vikmans for willful breach of contract, outrageous conduct, and punitive damages. The court of appeals held that the trial court erred in concluding as a matter of law that the disciplinary proceedings were unfair; in determining that the Vikmans were required to prove their counterclaims by a preponderance of the evidence; and in failing to determine whether the Vikmans failed to exhaust available internal union remedies in the course of the disciplinary proceedings, thus barring them from challenging the fairness of those proceedings and from asserting their counterclaims against Local 1269. The court of appeals also concluded that on retrial additional instructions should be given to the jury to ensure that any verdicts for the Vikmans on their outrageous conduct counterclaims would satisfy the requirements of Farmer v. United Brotherhood of Carpenters and Joiners, Local 25, 430 U.S. 290 (1977). Having granted certiorari to review the propriety of the court of appeals' judgment, we reverse and remand the case to the court of appeals with directions.