Cefalo v. International Union of Dist. 50 United Mine Wkrs.

• Decision Date: 25 March 1970
• Docket Number: Civ. A. No. 3616-69.
• Citation: 311 F. Supp. 946
• Parties: Angelo J. CEFALO et al., Plaintiffs, v. The INTERNATIONAL UNION OF DISTRICT 50 UNITED MINE WORKERS OF AMERICA et al., Defendants.
• Court: U.S. District Court — District of Columbia

311 F. Supp. 946

Angelo J. CEFALO et al., Plaintiffs, v. The INTERNATIONAL UNION OF DISTRICT 50 UNITED MINE WORKERS OF AMERICA et al., Defendants.

Civ. A. No. 3616-69.

United States District Court, District of Columbia.

March 25, 1970.

Stephen Daniel Keeffe, pro hac vice, and John H. Frye, III, Washington D. C., for plaintiffs.

J. C. Wells, Jack Weiner, Washington D. C., for defendants.

MEMORANDUM OPINION

PARKER, District Judge.

The International Union of District 50, United Mine Workers of America (hereinafter called District 50) and its President, Elwood Moffett, are defendants in a Complaint filed by certain International Officers and staff officials, all members of the Union, who allege violations of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), 29 U.S.C. Sec. 401 et seq.

The plaintiffs Angelo J. Cefalo, William J. Foley and John J. Badoud are candidates for the international offices of President, Vice-President and Secretary-Treasurer, respectively. They have formed a slate (hereinafter called CFB slate) and seek to be elected under a referendum vote of the Union membership scheduled for May 12, 1970. The remaining plaintiffs, supporters of the slate, are members of and are employed by the Union as Regional Directors, Assistant Regional Directors, International Representatives, or Special Representatives.

The defendant, District 50 is a labor organization within the meaning of the above statute. The defendant, Elwood Moffett, is the incumbent President of District 50 and also a candidate for reelection.

In mid-November 1969, plaintiffs Cefalo, Foley and John J. Badoud announced officially their candidacy for the three international offices. On December 23, 1969, plaintiffs filed with this Court their complaint, application for temporary restraining order, and motion for a preliminary injunction against the Union and its President alleging that provisions of LMRDA had been violated by Moffett and that rights guaranteed to them as members and officers under the Act had been denied by him, all resulting from their support of an opposition slate of candidates.

The plaintiffs sought an injunction against Moffett and the International Union, prohibiting certain allegedly improper actions, a declaratory judgment defining Moffett's powers as President and damages.

On January 29, 1970, after a hearing, Judge Sirica of this Court issued a preliminary injunction together with findings of fact and conclusions of law and an accompanying order. Those findings were not conclusive (Findings 10, 14, 19, 23, 26, 31, 33, 36, 38, and 39) but stated that they were the plaintiffs' contentions.

The defendants promptly appealed to the United States Court of Appeals for the District of Columbia Circuit requesting, among other things, a stay of that Order. On February 5, 1970, after argument, the Appellate Court entered a per curiam order denying the stay. It ruled, however, "In view of the urgency to have this matter finally decided on a full record, pending the appeal from the preliminary injunction we remand the record in this case back to the District Court for a trial and decision on the merits forthwith."

The actions which form the gravamen of the plaintiffs' charges may be grouped under three classifications: (1) decisions of Moffett, affecting personnel which were a denial of equal rights, free speech and in effect "reprisals" against the plaintiffs because of their political activity in support of candidates for office; (2) a breach by Moffett of the fiduciary duty to manage the Union's affairs for the benefit of the membership by dividing or "gerrymandering" Regions for the benefit of his political campaign; (3) use of Union funds by Moffett to promote his candidacy in the scheduled election.

Plaintiffs claim violations of Title I, Sections 101(a) (1), (2) and 102; Title IV, Section 401(e), (g); Title V, Section 501(a), (b); Title VI, Section 609 of the Act. 29 U.S.C. Sections 411(a) (1), (2), and 412; Section 481(e), (g); Section 501(a), (b); Section 529.

For reasons which follow, the Court finds that the decisions of Moffett affecting the official rank and assignment of certain plaintiffs violated their rights as guaranteed under LMRDA. However, as to the remaining charges the Court finds that the plaintiffs did not meet the burden of proof.

I

First to be considered are the directives of Moffett effecting changes in personnel which the plaintiffs claim denied them equal rights and privileges and the freedom of speech and assembly.

They assert that certain personnel actions by the defendant Moffett were in fact "reprisals" because of their active advocacy of the slate of officers challenging Moffett's leadership at the election scheduled for May 12, 1970. Specifically, it is alleged that Joseph De Falco and Joseph A. Gentile, Jr. were demoted from their position as Regional Directors to lesser assignments; Burlie E. Sizemore, an Assistant Regional Director, was transferred to another region without justification; Dale T. Badoud, an International Representative, was reassigned without justification by his Regional Director who was a Moffett supporter; Edward J. Galuszka, an International Representative, was wrongfully dismissed upon refusing to accept an assignment out of his region.

In this same connection, plaintiffs also contend that in the area where Frank Crise was Regional Director, that Moffett, without justification and contrary to established practice, instituted personnel changes without consultation and otherwise infringed on his prerogatives as Regional Director.

The Constitution of District 50 defines the authority of the President with respect to personnel actions.¹ He is permitted to fill all vacancies occurring in any International Office; to suspend or remove any International Officer or appointed employee for insubordination or cause; to appoint Regional Directors, International Representatives and other field and office workers as he may determine necessary to conduct the Union's affairs. (Article VII, Sections 2, 3 and 4).

Further, the Constitution provides that all of such appointments, suspensions and removals from office by the President are subject to the approval of the International Executive Board. (Article VII, Section 12).

With respect to the plaintiffs De Falco, Gentile, and Sizemore the Court rejects the justification given by Moffett for their demotions and transfer and finds that from the record the preponderance of the testimony and evidence demonstrates that such actions were, in fact, "reprisals" resulting from their political activity. No merit is found in the Badoud and Galuszka claims. The Court finds that the Crise complaints are substantiated by the record.

The Demotion of Joseph De Falco

De Falco was demoted from the directorship of the Chicago, Illinois Region and reassigned as a Special International Representative.

He was first employed as an International Representative in 1964, and within a span of six years received successive promotions to Special Representative, Assistant Regional Director and Regional Director. All assignments were in the Chicago, Illinois Region.

This plaintiff declared his support of the CFB slate at a mid-November meeting of his Chicago staff. Within a week thereof Moffett demoted him to the position of Special International Representative.

The stated reasons for the demotion are tenuous. Moffett claimed that dissension between De Falco and Harold J. Penney who had preceded him as the Director of the Chicago Region prompted the decision. De Falco testified that Moffett claimed that he (Moffett) had moved him a little bit "too fast" so he was being sent back to the position of Special Representative—a suggestion of inexperience.

In this connection, it should be noted that when De Falco was appointed director his immediate predecessor, Penney, remained in the Region as Assistant to the President. At the same time there was an understanding between Moffett and Penney that Penney would assist and otherwise give guidance to De Falco. The unfortunate part of this arrangement was that at no time did Moffett make this known to De Falco, and the evidence does show that De Falco requested on at least one occasion that Penney be removed from the Region. The Court notes, however, that neither Penney nor Steve Pavlik, called as witnesses by the defendant, testified to any dissension.

Over against this was the believable testimony of other members of the Chicago staff together with a letter of support to Moffett from several of the Chicago staff indicating that De Falco was an effective director who maintained good relationships with the staff and members of the Union, and otherwise denying any dissension between De Falco and Penney, which might have impeded the operations within the Chicago Region. Nor was there any testimony and evidence of any prior notice or communication to De Falco pointing out any unsatisfactory performance on his part or dissension.

Considering all the testimony and evidence relating to De Falco's demotion the Court cannot accept at face value the reasons given by Moffett but believes that the demotion was clearly precipitated by De Falco's support of the opposition slate.

The Demotion of Joseph Gentile, Jr.

Plaintiff Gentile was demoted from the Directorship of the Syracuse, New York Region and made Special International Representative. The official notice of his demotion from Moffett recited that he had failed to improve the membership status of his region as compared with the Union's normal membership growth.

Employed as a member of the Union's field staff for approximately 15 years, his earlier assignments included International Representative, and Assistant Regional Director. He had served as Regional Director in the Syracuse, New York office since December 1, 1967.

The testimony showed that several days prior to November 13, 1969, the date of the official announcement of...