DocketNumber: Civ. No. 70-1780
Citation Numbers: 337 F. Supp. 308
Judges: Mehrtens
Filed Date: 2/1/1971
Status: Precedential
Modified Date: 11/26/2022
FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL DECREE
This cause, came on for final hearing on January 20, 1971, and the Court having considered testimony of the witnesses, the exhibits, argument of counsel, the pleadings, the matter presented at the hearing on the prayer for preliminary injunction and the memoranda submitted by counsel, makes the following findings of fact and conclusions of law:
FINDINGS OF FACT
1. The Plaintiff, JOHN M. BURCH, (hereinafter referred to as “Burch”), is a member in good standing of the Defendant, International Association of Machinists and Aerospace Workers, AFL-CIO, (hereinafter referred to as “IAMAW”), of District Lodge 145 of the IAMAW and of Local Lodge 368 of the IAMAW. Plaintiff, Burch, is qualified under the internal law of the IAMAW and District Lodge No. 145 to offer himself for and serve in the post of President and General Chairman of District Lodge No. 145. At the trial Richard Monroe of Local Lodge 1726 in Boston, Massachusetts and Jack Kaminsky of Local Lodge 2198 in Houston, Texas, orally moved to intervene as plaintiffs, and the Court reserved ruling. The Court hereby grants said motions.
2. In early September of 1970, the Plaintiff, John M. Burch, announced his candidacy for President and General Chairman of District Lodge No. 145. District Lodge No. 145 is a subordinate Lodge of the IAMAW comprised in the main of National Airlines employees at the various points in the National Airlines system around the country. The job of President and General Chairman of District 145 is the highest office in District 145. There are twelve local lodges in District No. 145 that participate in its elections. District 145 elections are held every four years. In order to run for election under District No. 145’s by-laws as a District Officer, a member must first seek endorsements or nominations of the local Lodges in the District. The two aspirants for a particular District post who receive the most Local Lodge nominations or endorsements then run against each other in a District-wide referendum election, unless more than two aspirants all receive the same number of nominations or endorsements, in which case all run against each other in the District-wide referendum election. Only members of District 145 are entitled to vote in Local Lodge nomination elections or the District referendum elections.
3. As more fully set forth in the Findings and Conclusions in 337 F.Supp. 303, the IAMAW had discriminatorily “lapsed” John Burch’s membership for non-payment of dues and removed him as President and General Chairman of District No. 145. In order to do so, the IAMAW had to threaten to place District Lodge No. 145 under Trusteeship to obtain the consent of the District Lodge No. 145 officers to his removal.
4. Early in September, 1970, the District Lodge mailed to the secretaries of the twelve locals nomination slips, instructions and return envelopes addressed to the District. Plaintiff Burch,
5. Mr. Burch and his supporters in Local Lodge 1726 in Boston, Massachusetts, were denied with the approval of the IAMAW equal rights and privileges to nominate candidates for Local 1726’s endorsee for President and General Chairman of District Lodge 145. On October 13, 1970, Plaintiff Burch went to the regular monthly meeting of Local Lodge 1726 in Boston, Massachusetts, with four supporters who planned to submit Plaintiff Burch’s name as Local Lodge 1726’s nominee for President and General Chairman of District Lodge No. 145 and support Plaintiff Burch as said nominee at the meeting. There are twelve National employees in Local Lodge 1726, and Plaintiff Burch had determined in a straw poll that all but three of these supported his candidacy. Those three supported Constantine Balias and appeared at the meeting with him. Seven National employees in all attended the Local Lodge 1726 meeting on October 13, 1970. Local Lodge 1726 is comprised in the main of Northeast Airlines employees. Approximately 50 members attended the meeting. The meeting was chaired by the President of the Local who is a Northeast Airlines employee. After the meeting was opened, the regular order of business was suspended to select the District 145 nominees for the Local. Both Burch and his supporters, and Balias and his supporters were in plain view of the President of the Local. The President knew that Mr. Balias and his supporters were there to offer Mr. Balias as a candidate for the Local’s nomination as President and General Chairman of the District Lodge No. 145 and that Mr. Burch and his supporters were there to offer Mr. Burch as a candidate for the Local’s nomination as President and General Chairman. One of Mr. Balias’ supporters, Leon Piekowitz, offered Mr.
“If for any reason it is desired to reopen nominations, it may be done by majority vote”. Robert’s Rules of Order, Revised (Seventy-Fifth Anniversary Edition) Page 97.
Actually, questions in respect to he District 145 election should have been determined by the National employee members, not by the combined National and Northeast Airlines membership. If the question of cutting off the right to nominate Burch had been put only to the National members, the Chair obviously would have been over-ruled even on the improper question of whether the nominations had been properly closed.
7. On November 5, 1970, while the District was under the supervision, direction and control of the IAMAW, the nominations for officers of District 145 were tabulated by Mr. A. C. Carter under the supervision, direction and control of the Deputy Supervisor George Brown of the IAMAW. Deputy Brown instructed Mr. Carter to “go by the book” and to “dot every i and cross every t” in the tabulations. As a result, Mr. Carter threw out the ballot of the Houston Local saying “Local Lodge 2198 returns cannot be tabulated as the postmark on their return to the Secretary-Treasurer’s Office was postmarked 9/30/70 and received by the Secretary-Treasurer 10/1/70, thereby indicating the vote of this Local Lodge was held in the month of September and is contrary to the District Lodge by-laws currently in effect”. The returns of the Houston Local should have been counted and should not have been thrown out. Throwing out the returns of the Houston Local discriminated against the members of the Houston Local in their rights and privileges to nominate candidates for district offices and deprived them of rights and privileges equal to members of other Locals to nominate candidates for District Office. Throwing out the returns of the Houston Local also discriminated against Mr. Burch and his supporters and deprived them of rights equal to other candidates and their supporters to vote for the candidate of their choice. Those returns were thrown out only because of the “go by the book-dot every i and cross every t” policy instituted by the IAMAW especially for the purpose of this election. This “go-by-the-book” policy was not uniformly followed in the tabulation of November 5, 1970. The Jacksonville returns were tabulated on the basis of — in the words of Supervisor Winpisinger — a “flexible” policy. The mistake of the Houston Local was one of form and not of substance and, admittedly, the nomination fairly reflected the wishes of the
8. Counting the Boston Local for Balias and not counting the Houston Local at all, Balias received the nomination of 4 Locals, Spurlock the nomination of 4 Locals and Burch the nomination of 3 Locals. Both the Houston Local and the Boston Local were due to be counted for Burch so that, properly tabulated, the nomination returns . should have been tabulated 5 for Burch, 4 for Spurlock and 3 for Balias. Running new elections in the Houston Local and the Boston Local is unnecessary. The IAMAW does not deny that Burch is the clear choice of the National Airlines employees in both Locals; it contends only that the clear choice of the National employees in the Houston Local should be ignored because of failure to “go by the book” and that the clear choice of the National employees in the Boston Local should be ignored because the Northeast Airlines employees’ President in the exercise of strict parliamentary procedure, prevented Burch’s name from being offered. In this connection, it should be observed that the IAMAW failed to present in its behalf at the trial a single National Airlines employee of the Houston or Boston Locals. A referendum election is in order between Burch and Spurlock for the office of President and General Chairman.
9. The Plaintiffs have incurred an obligation to the firm of Kelly, Black, Black and Kenny, for their services herein. A reasonable fee is $2000.00. An award of attorneys fees is appropriate in this case.
10. The Plaintiffs have exhausted their remedies within the IAMAW.
CONCLUSIONS OF LAW
1. This Court has jurisdiction under Title 29, Sections 412 and 464(a) of the United States Code. The Department of Labor does not have exclusive jurisdiction. Depew et al. v. Edmiston et al., 386 F.2d 710 (C.A.3, Nov. 27, 1967); Schonfeld v. Raftery, 381 F.2d 446 (C.A.2, Aug. 10, 1967); Navarro v. Gannon, 385 F.2d 512, 2 Cir.
2. The imposition of supervision, direction and control over District 145 subjected District No. 145 to the imposition of a “Trusteeship” within the meaning of the definition of “Trusteeship” in Title 29, Section 402(h) of the United States Code.
3. In establishing the “Trusteeship” over District 145 as described in the Findings, the IAMAW violated Title 29, Section 462 of the United States Code.
4. In establishing the “Trusteeship” as described in the Findings, the IAMAW violated the rights of the members of District 145 under Title 29, Section 411(a) (1) and (2). Navarro v. Gannon, 385 F.2d 512 (C.C.A.2, 1967).
5. The conduct of the IAMAW as described in the Findings in refusing to count the nominations of the Houston Local and in condoning the conduct of the nomination for President and General Chairman in the Boston Local infringed the rights of the Plaintiffs to nominate and vote equally under Title 29, Section 411(a) (1).
6. There is no need under the circumstances of this case to exhaust internal union remedies. Schonfeld v. Raftery, supra, 381 F.2d at Page 448; Detroy v. American Guild of Variety Artists, 286 F.2d 75 (C.A.2, 1961).
7. Attorneys fees may be awarded in cases of this nature. Gartner v. Soloner, (C.A.P.1961), 384 F.2d 348, cert. denied, 390 U.S. 1040, 88 S.Ct. 1633, 20 L.Ed.2d 302; Retail Clerk’s Union Local 648 v. Retail Clerk’s International Assn.,
8. No orders are necessary in connection with the conduct of the coming elections in view of the Court’s Order in Case No. 68-109-Civ-WM, returning John Burch to the office of President and General Chairman of District 145 and the Court’s Order in this ease eliminating the Trusteeship established by the IAMAW and returning the autonomy of the District.
FINAL DECREE
On the basis of the foregoing Findings and Conclusions, the Court
Orders, adjudges, and decrees as follows:
1. The supervision, direction and control imposed on District Lodge No. 145 by President Floyd E. Smith be, and the same is hereby terminated.
2. The Defendant, International Association of Machinists and Aerospace Workers, AFL-CIO, be, and hereby is enjoined and restrained from interfering with the autonomy available to District Lodges under the Constitution of said Association except as provided in Article VI, Section 5 of said Constitution, including without limitation, the right of District Lodge 145 to meet under the direction of its own officers without the presence and supervision of Grand Lodge officers to conduct its elections and otherwise direct its affairs without direction, supervision and control of Grand Lodge officers, and the right to expend its funds without the approval of Grand Lodge officers.
3. The Defendant, International Association of Machinists and Aerospace Workers, AFL-CIO, is hereby enjoined and restrained from conducting an election between Constantine Balias and Wilbur Spurlock for President and General Chairman of District 145. Plaintiff, John M. Burch, is declared to be the nominee of Locals 2198 in Houston, Texas and Local 1726 in Boston, Massachusetts, for President and General Chairman of District 145, and the referendum election for President and General Chairman of District Lodge 145 shall be between John Burch and Wilbur Spur-lock.
4. The International Association of Machinists and Aerospace Workers, AFL-CIO, shall pay to Kelly, Black, Black and Kenny, P.A., the sum of $2000,00 for which let execution issue.
5. Costs are taxed to the Defendant, International Association of Machinists and Aerospace Workers, ALF-CIO.