Chao v. North Jersey Area Local Postal Workers

• Decision Date: 27 June 2002
• Docket Number: Civ. No. 01-1536(DRD).
• Citation: 211 F.Supp.2d 543
• Parties: Elaine L. CHAO, Secretary of Labor, United States Department of Labor, Plaintiff, v. NORTH JERSEY AREA LOCAL POSTAL WORKERS UNION, AFL-CIO, Defendant.
• Court: U.S. District Court — District of New Jersey

211 F.Supp.2d 543

Elaine L. CHAO, Secretary of Labor, United States Department of Labor, Plaintiff, v. NORTH JERSEY AREA LOCAL POSTAL WORKERS UNION, AFL-CIO, Defendant.

Civ. No. 01-1536(DRD).

United States District Court, D. New Jersey.

June 27, 2002.

COPYRIGHT MATERIAL OMITTED

Jeffrey S. Rogoff, Office of the Regional Solicitor, U.S. Department of Labor, New York City, for Plaintiff.

Craig H. Livingston, Samer E. Khalaf, Ball Livingston, Nutley, NJ, for Defendant.

OPINION

DEBEVOISE, Senior District Judge.

This action by the plaintiff Secretary of Labor seeking an order pursuant to § 402(b) of the Labor Management Reporting and Disclosure Act of 1959 nullifying a union election for nine office positions and directing a supervised new election for those offices comes before the court on the plaintiff Secretary of Labor's motion for summary judgment, the Defendant North Jersey Area Local, Postal Workers Union, AFL-CIO's motion for summary judgment, and the plaintiff Secretary of Labor's cross-motion for summary judgment on the defendant's affirmative defenses. For the reasons set forth below, the plaintiff Secretary of Labor's motion for summary judgment will be granted, the defendant North Jersey Area Local, Postal Workers Union, AFL-CIO's motion for summary judgment will be denied, and the plaintiff Secretary of Labor's cross-motion for summary judgment will be granted.

STATEMENT OF FACTS

The defendant, North Jersey Area Local ("NJAL" or "the Local") represents approximately 2,700 employees in postal facilities in northern and central New Jersey. (Rogoff Declaration, Exh. 4, at pp. 42-44, 52-53, and Exh. 6 at p. 17). In 1991, NJAL president Gary Weightman ("Weightman") and NJAL Secretary Treasurer John McGovern ("McGovern") were first elected to their respective offices. (Rogoff Declaration, Exh. 4 at p. 41). Weightman and McGovern were re-elected in 1994, 1997, and a regular triennial election was scheduled for April 2000. (Rogoff Declaration, Exh. 4 at pp. 65-67 and Exh. 6 at p. 31). In past elections, Weightman and McGovern ran on a slate together called the "Real Deal". (Rogoff Declaration, Exh. 4 at p. 41, and Exh. 6 at pp. 31-32). For the election in 2000, the Real Deal slate pooled its campaign funds and distributed joint campaign materials. (Rogoff Declaration, Exh. 4 at p. 81, and Exh. 6 at pp. 37-38). In addition to personally distributing campaign material, the Real Deal slate made three or four official mailings prior to the 2000 election. (Rogoff Declaration, Exh. 4 at pp. 77-78, and Exh. 9).

Dennis Bowie ran for President against Weightman on the "Keepin it Real In the New Millenium" slate (the "New Millenium slate") which fielded candidates for nine out of ten full time office positions which were to be filled. (Rogoff Declaration, Exh. 3 at pp. 37-38, Exh 8, Exh. 10). The New Millenium slate included candidates for the offices of President, Executive Vice President, Secretary-Treasurer, Director of Industrial Relations, Legislative Aide, Administrative Aide, Associate Editor, Chief Steward (NEWARK) and Chief Steward (PATERSON).¹ Like the Real Deal slate, the New Millenium slate campaigned together as a slate and distributed several campaign flyers. (Rogoff Declaration, Exh. 3 at. Pp. 37-38, Exh. 6 at pp. 36-37, and Exh. 10). A third slate led by Eddy Lanoue also fielded candidates in the 2000 election. (Rogoff Declaration, Exh. 3 at p. 38 and Exh. 4 at p. 73).

Nominating petitions for the 2000 election were submitted in February 2000. (Gerchak Affidavit, ¶ 7). The mail ballots were scheduled to be received by the members of the Local by March 31, 2000, and returned by April 18, 2000. (Gerchak Affidavit, ¶ 8). The vote was overseen and counted by the NJAL Election Committee. (Rogoff Declaration, Exh. 3 at p. 38 and Exh. 11). On April 19, 2000, the Election Committee sent a letter announcing the results of the election. Id. Weightman was once again re-elected as President. Weightman received 670 votes, Lanoue received 300 votes, and Bowie received 290 votes. (Defendants' Exhibit M). However, of the 1260 votes cast, candidates on the Real Deal slate were elected by voter margins ranging from 4 to 540. (Rogoff Declaration, Exh. 3 at 38 and Exh. 11).

In the 2000 election, the Real Deal slate initially supported Jack Dougherty ("Dougherty") for Executive Vice President. However, the Real Deal shifted its support to another candidate Frank Tie prior to the election after Weightman and Dougherty had a falling out.(Rogoff Declaration, Exh. 6 at pp. 31-36). Frank Tie ultimately won the office. Id.²

On or about March 3, 2000, the National Union of the American Postal Workers Union ("the National") announced to its local unions that it would waive the National's portion of an upcoming dues increase and challenged the locals to follow suit. (Rogoff Declaration, Exh. 29) Weightman felt that the Local should waive its portion of the dues increase because "[o]ur members are angry" about "lousy" contracts with low wage increases, and waiving the dues increase "would maybe be the right thing to do to make them happy." (Rogoff Declaration, Exh. 4 at pp. 104-109, and Exh. 6 at 42). Feeling "politically boxed in" and reacting to the pressure, President Weightman and Secretary Treasurer McGovern recommended to the Local's Executive Board that the Local waive its portion of the dues increase. (Rogoff Declaration, Exh. 4 at pp. 104-109, and Exh. 6 at p. 42).

The Local's Executive Board consisted of approximately twenty-five members. (Rogoff Declaration, Exh. 4 at pp. 104-109, and Exh. 6 at p. 42). The Executive Board's voting procedure required the Board members to be polled on various issues either by telephone or in person several times a year. (Rogoff Declaration, Exh. 6 at pp. 26-27). The votes of the individual Executive Board members are usually not identified or announced to the Local's members. (Rogoff Declaration, Exh. 4 at pp. 59-60, and Exh. 6 at p. 28). According to McGovern, everyone on the Executive Board voted in favor of the dues waiver except Bowie. (Rogoff Declaration, Exh. 4 at pp. 118, 124-126). Within a few days of the Executive Board's vote, the Local sent out a mailing to all members of the Local which bore the Local's logo and was written on the Local's letterhead stationary of President Weightman and Secretary Treasurer McGovern ("the Weightman-McGovern mailing"). (Rogoff Declaration, Exh. 4 at pp. 99-100, 114-115 and Exh. 12). All costs associated with this mailing to the 2700 members were paid by the Local. (Exh. 4 at pp. 99-100, and Exh. 6 at p. 45). The mailing's caption announced that the Local's Executive Board "ADOPTS REQUEST OF PRESIDENT & Secretary Treasurer" to waive the dues increase. (Rogoff Declaration, Exh. 12)(emphasis in original). The mailing further announced that the Executive Board had voted "overwhelmingly" to waive the Local portion of the dues increase, and in a footnote in small print stated that "[o]nly Director of Industrial Relations Dennis Bowie voted to raise the dues." Id. The mailing further stated that Weightman and McGovern had recommended the waiver "since the good financial condition of the Local would allow this." Id. The mailing concluded by assuring members that the battle against abusive management and postal privatization would go on. Id. The mention of Bowie's vote in the Weightman-McGovern mailing included the only time an Executive Board member's vote was ever specifically identified and published to the membership. (Rogoff Declaration, Exh. 4 at pp. 59-60, 125-126, and Exh. 33 at p. 2, ¶ 1). On March 10, 2000, John McGovern mailed a letter to Robert Tunstall Secretary Treasurer of the National advising that the Executive Board had voted at the request of Weightman to waive the "local portion" of the dues increase scheduled for April in its entirety. (Rogoff Declaration, Exh. 32). The letter did not mention Bowie's alleged vote against the waiver. Id.

By letter dated March 13, 2000, Bowie protested the Weightman-McGovern mailing to Weightman. (Rogoff Declaration, Exh. 13). On March 14, 2000, Bowie also protested the mailing in a letter to Bruce Iverson ("Iverson"), the Election Committee Chair for the 2000 election ("the March 14th Protest"). (Rogoff Declaration, Exh. 3 at pp. 50, 53-58, and Exh. 14). President Weightman appointed Iverson to be Chair of the Election Committee for the 2000. (Second Rogoff Declaration, Exh. 3 at pp. 33). Iverson considered the March 14th Protest by Bowie to be timely. Id. at 61. Upon receipt of the March 14th Protest, Iverson requested a legal opinion from the local's counsel, Craig Livingston ("Livingston") of the law firm of Ball Livingston. (Rogoff Declaration, Exh. 3 at pp. 54-55). By letter dated April 3, 2000, Livingston wrote to Iverson with a copy to Bowie concluding that Bowie's protest on the dues waiver issue should be denied. (Rogoff Declaration, Exh. 3 at p. 58). Iverson took no further action concerning Bowie's protest of the mailing. Neither Bowie's protest, nor Livingston's April 3, 2000 letter was sent to the leadership. Id. Bowie received Livingston's letter on April 19, 2000. (Rogoff Declaration Exh. 5 at pp. 62-67, Exh. 16, and Exh. 22). On April 19, 2000, Election Chair Iverson sent a letter to the candidates stating:

the Election Committee hereby extends the time in which you may file an objection to or appeal of this election to five (5) days from this date [April 19, 2000]. Any objection(s) must be received at the front desk of the NJAL office by 3:00 p.m. on Monday April 24, 2000.

(Second Rogoff Declaration, Exh. 9). Furthermore, Iverson told the candidates, including Bowie, that all appeals would be considered and not to worry about the time deadline. (Second Rogoff Declaration, Exh. 3 at pp., 39-43). By letter dated April 20, 2000, Bowie appealed the decision denying his March 14th Protest to the National Election Appeals Committee ("NEAC").³ (Rogoff Declaration, Exh. 5 ...