Bachowski v. Brennan, Civ. A. No. 73-0954.
Decision Date | 07 May 1976 |
Docket Number | Civ. A. No. 73-0954. |
Citation | 413 F. Supp. 147 |
Parties | Walter BACHOWSKI, Plaintiff, v. Peter BRENNAN [now John T. Dunlop], Secretary of Labor and United Steel Workers of America, Defendants. |
Court | U.S. District Court — Eastern District of Pennsylvania |
Kenneth J. Yablonski and Joseph L. Rauh, Washington, D. C., for plaintiff.
James D. English, Beate Bloch, Associate Solicitor, U. S. Dept. of Labor, Washington, D. C., Stephen Ernst, Philadelphia, Pa., Robert Weinberg, Bredhoff, Cushman, Gottesman & Cohen, Washington, D. C., for defendants.
The Secretary of Labor filed on March 30, 1976, the Supplemental Statement called for by this Court's opinion in Bachowski v. Brennan, 405 F.Supp. 1227, 1234 (W.D.Pa. 1975), particularly inviting explanation why only the margin of plaintiff's opponent's vote was used in some cases,1 rather than the total infected vote. Counsel have now commented on the Supplemental Statement in additional briefs invited by the Court.
There is now full disclosure of the Secretary's reasons; it remains only to assess their sufficiency (see 405 F.Supp. at 1234, n. 27).
The gist of his reasoning appears in the following passage:
The essence of the Secretary's method of determining the maximum impact or effect of violations upon outcome is to distinguish between cases where the number of votes affected can be ascertained with some certainty, and cases where it can not.
In the former situation, the Secretary credits Bachowski with the whole vote in that voting unit. In the latter, he eliminates the winner's margin of victory, and treats the result as if the winner and the challenger had obtained an equal number of votes; in other words "as if the election had never taken place in that local."
As illustrations of the former situation, the Secretary enumerates failure to hold the election or to notify members of the election or failure to report the results of the voting. As examples of the latter situation, the Secretary gives violations of secrecy of the voting and inadequate safeguards to ensure secrecy, an honest count, and the like. The Secretary believes that the methods used give the complainant "the maximum benefit for which there is a reasonable probability" (p. 8 of Supplemental Statement).
The Secretary's task in ascertaining whether violations may have affected the outcome of a union election is two-fold: to ensure a fair and honest election which genuinely expresses the will of the voters, and to interfere as little as possible with the normal lawful functioning of union machinery. If...
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