Conway v. International Ass'n of Insul. & Asbes.

Citation209 F.Supp.2d 731
Decision Date12 February 2002
Docket NumberNo. 1:00 CV 2897.,1:00 CV 2897.
PartiesMichael M. CONWAY, et al., Plaintiffs, v. INTERNATIONAL ASSOCIATION OF HEAT AND FROST INSULATORS AND ASBESTOS WORKERS, et al., Defendants.
CourtU.S. District Court — Northern District of Ohio

Jeffrey L. Austin, Warren S. George, Uhlinger & Keis, Cleveland, OH, Geoffrey A. Belzer, James A. Climer, Richard G. Ross, Mazanec, Raskin & Ryder, Cleveland, OH, for Randy Walters, defendant.

Hermine G. Eisen, Eisen & Westfall, Cleveland, OH, for Robert Gray, defendant.

William I. Fadel, Wuliger, Fadel & Beyer, Cleveland, OH, Robert D. Kurnick, Jonathan D. Newman, Sherman, Dunn, Cohen, Leifer & Yellig, Washington, DC, for International Ass'n of Heat & Frost Insulators & Asbestos Workers, Gary Fujawa, James Grogan, defendants.

Joyce Goldstein, Bryan P. O'Connor, Goldstein & O'Connor, Cleveland, OH, for Dennis Maloney, Joseph P. Boyle, Jr., Michael M. Conway, Owen M. McCafferty, Thomas W. Reddy, plaintiffs.

Memorandum of Opinion and Order

GAUGHAN, District Judge.

INTRODUCTION

This matter is before the Court upon Plaintiff Conway's Motion for Partial Summary Judgment Concerning Liability on His Fifth Cause of Action (Doc. 77) and Labor Defendants' Motion for Summary Judgment (Doc. 76). This case arises out of the establishment of a trusteeship over the International Association of Heat and Frost Insulators and Asbestos Workers, Local 3 (hereafter "Local 3") by defendant International Association of Heat and Frost Insulators and Asbestos Workers (hereafter "International Union") and the disqualification of plaintiff Michael M. Conway from holding a Local 3 office. Plaintiffs, who are members and officers of Local 3, allege that the imposition of the trusteeship constituted a breach of the International Union Constitution and Bylaws and the disqualification of Conway without a full and fair hearing violated § 101(a)(5) of the Labor Management Reporting and Disclosure Act (hereafter "LMRDA"), 29 U.S.C. § 411(a)(5). In addition, plaintiffs assert state law claims of defamation and intentional infliction of emotional distress. For the following reasons, plaintiff's Motion is DENIED and Defendants' Motion is GRANTED.

FACTS

Defendant International Union is the international labor organization with which Local 3 is affiliated. (Bernard Third Decl. ¶ 2). Defendant Gary Fujawa is the International Vice President for the Central States Conference of the International Union. (Fujawa Second Decl. ¶ 1). At all times relevant, defendant James Grogan was the General Secretary-Treasurer of the International Union.1 (Grogan Decl. ¶ 1). Defendants Robert Gray2 and Randy Walters are insulation contractors and signatories to a collective bargaining agreement with Local 3. (Bernard Third Decl. ¶ 4).

Plaintiffs are members of Local 3, and, with the exception of plaintiff Dennis Maloney, each held a Local 3 office from July 1999 until removed by the International Union in July 2000. (Am.Compl. ¶¶ 2-6; Ans. ¶¶ 2-6). Conway served as Business Manager, Owen M. McCafferty served as Vice President, Thomas W. Reddy served as Financial Secretary, and Joseph P. Boyle served as Recording Secretary. (Am.Compl. ¶¶ 2-6; Ans. ¶¶ 2-6).

Conway originally served a term as Local 3 Business Manager prior to December 1994, when he was defeated by Christopher Scarl in an election of Local 3 officers.3 (Am.Compl. ¶ 11; Ans. ¶ 11). In or around March 1999, Scarl resigned from office. (Am.Compl. ¶ 13; Ans. ¶ 13). Also around that time, the United States Department of Labor commenced a criminal investigation of embezzlement of Local 3 funds. (Am.Compl. ¶ 14; Ans. ¶ 14).

Joseph Sweeny served as acting Business Manager after Scarl's resignation. (Sweeny Depo. 10). Despite the fact that the International Union Constitution and Bylaws call for vacant offices to be filled by special election within 50 days, the International Union delayed holding an election of Local 3 officers in order to conduct a financial audit. (Bernard Depo. 110, Ex. A). The election was eventually held on July 18, 1999, and Conway was elected to the position of Business Manager. (Conway Depo. 72). James S. Sullivan and Thomas Stafford, two Local 3 members who also ran for the position of Business Manager, protested and requested a new election on the grounds that Conway had improperly used union funds during his campaign. (Fujawa Depo. 152; Pltf.Ex. 23; Mollohan Depo. 69). William Bernard, who served as General President of the International Union from January 1989 through September 1, 2001, instructed Fujawa to conduct an investigation of the election. (Bernard Third Decl. ¶ 1; Fujawa Depo. 155). As part of his investigation, Fujawa met with Sullivan, Stafford and Mike Mollohan4 and with Conway twice. (Fujawa Depo. 152-153, 173). According to Fujawa's report, Mollohan had reserved a room for a pension meeting in the building in which Local 3 offices are located. (Pltf.Ex.23). After the meeting, Conway made a campaign speech. (Pltf.Ex.23). Stafford and Sullivan contended that Conway was given "a distinct advantage because they were not afforded the same amount of time as their opponent." (Pltf.Ex.23). A second election was held on September 26, 1999, and Conway was again elected Business Manager. (Am.Compl. ¶ 28; Ans. ¶ 28).

Throughout the spring and summer of 2000, Bernard received several verbal reports from Grogan and a written report from Fujawa concerning the administration of Local 3 which he considered "very disturbing." (Bernard Third Decl. ¶ 4; Grogan Decl. ¶¶ 3, 6).

In May 2000, a series of meetings were held in Milwaukee, Wisconsin. (Grogan Depo. 187, Ex. 11). The International Union General Executive Board met first for a few days, then the local union Business Managers and Business Agents also met. (Grogan Depo. 187, Ex. 11). While in attendance at the General Executive Board Meeting, Grogan was informed by Ron Grant, International Union Organizer, that two Cleveland contractors had contacted the International Union with complaints concerning Local 3. (Grogan Depo. 192, Ex. 14). During a lunch break, Grogan and Fujawa called Walters, owner of R.W. Insulation, Ltd., to discuss his complaints. (Grogan Depo. 192; Snyder Depo. Ex. 1). Walters explained that he had become a signatory contractor with Local 3 twelve days previously and had been experiencing harassment ever since. (Grogan Depo. 193). Specifically, his employees felt threatened at their job sites. (Grogan Depo. 193). In addition, Walters reported that someone had gone to one of his job sites at night and thrown some material down a shaft, causing damage. (Grogan Depo.Ex. 14). Walters also indicated that Gray, a fellow contractor who had also recently signed an agreement with Local 3, had been told that he would have to fire his existing employees and replace them with men from Local 3's out-of-work list.5 (Grogan Depo. 195). Grogan asked that Walters and Gray put their complaints in writing and fax them to the hotel where the meeting was taking place. (Grogan Depo. 195). See also Bernard Third Decl. ¶ 5; Grogan Decl. ¶¶ 3, 6.

At this time, Grogan and Fujawa also spoke with Pat Roberts, co-owner of PatRican, Inc., who complained that she had requested but could not get manpower from Local 3. (Grogan Depo. 221; Snyder Depo.Ex. 1). She claimed that Conway refused to send Local 3 members because she had previously been delinquent in her fringe benefit payments and because her agreement with Local 3 had recently expired. (Grogan Depo. 223). Roberts told Grogan and Fujawa that she asked Conway to send her a new agreement in the mail, but Conway insisted she personally come to the Local 3 office to sign an agreement, made her wait 45 minutes and then claimed he could not find an agreement for her. (Grogan Depo. 223-224). Roberts also specifically asked Grogan and Fujawa if they believed she was being discriminated against by Local 3 because she was a black female. (Grogan Depo. 224). See also Bernard Third Decl. ¶ 5; Grogan Decl. ¶¶ 3, 6.

On May 23, 2000, Bernard, Fujawa, Grogan, Conway, Mollohan, Doug Gamble (International Union Director of Organizing) and Sweeny6 met, and Bernard informed Conway of the contractors' complaints. (Grogan Depo.Ex. 11). Conway said the information was untrue. (Grogan Depo. Ex. 11).

The next day, Grogan attended a meeting of Local 3 officers in Akron, Ohio. (Grogan Decl. ¶ 2). He informed those in attendance of the contractors' complaints against Conway and stated, "if the allegations are true, I will have his f***ing job." (Grogan Decl. ¶ 4). While in the Cleveland area, Grogan met with Walters, obtained written statements from him and Gray and confronted Conway with the written statements. (Grogan Depo.Ex. 11).

Grogan reported all of the above to Bernard and told him that some contractors were threatening to take legal action. (Grogan Depo.Ex. 11; Bernard Third Decl. ¶ 5). He also reported that Conway had instructed a Local 3 officer to appoint members opposed to organizing to Local 3's organizing committee, criticized a Local 3 officer for signing agreements with contractors who were previously nonunion and did not fulfill his commitment to have at least 20 members present for an organization training session conducted by the International Union at great expense.7 (Bernard Third Decl. ¶ 5).

A July 7, 2000 report from Fujawa to Bernard indicates that he also met with contractors in the Cleveland area to discuss issues concerning Local 3. (Bernard Third Decl. ¶ 6, Ex. B). According to Fujawa, the contractors "expressed extreme displeasure with Mike Conway and his lack of concern for their needs." (Bernard Third Decl. ¶ 6, Ex. B). Specifically, the contractors complained that Local 3's out-of-work list was comprised of individuals who did not want to work, Conway told them they could get manpower "if they paid more...

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