D5 Iron Works, Inc. v. Local 395 Ironworkers

CourtUnited States District Courts. 7th Circuit. United States District Court of Northern District of Indiana
Decision Date05 January 2022
Docket Number2:16CV200-PPS/JPK
PartiesD5 IRON WORKS, INC., RICHARD LINDNER, SCOTT KUDINGO, BILL TONNESEN, THE ESTATE OF JOE WEIL, and HARRY HARPER, Plaintiffs, v. LOCAL 395 IRONWORKERS, AFL-CIO, THOMAS WILLIAMSON, SR., SEAN GRISWALD, JEFFREY VEACH, JOSEPH UPCHURCH, and KNOWN AND UNKNOWN CO-CONSPIRATORS, Defendants.

D5 IRON WORKS, INC., RICHARD LINDNER, SCOTT KUDINGO, BILL TONNESEN, THE ESTATE OF JOE WEIL, and HARRY HARPER, Plaintiffs,
v.

LOCAL 395 IRONWORKERS, AFL-CIO, THOMAS WILLIAMSON, SR., SEAN GRISWALD, JEFFREY VEACH, JOSEPH UPCHURCH, and KNOWN AND UNKNOWN CO-CONSPIRATORS, Defendants.

No. 2:16CV200-PPS/JPK

United States District Court, N.D. Indiana, Hammond Division

January 5, 2022


OPINION AND ORDER

PHILIP P. SIMON, JUDGE UNITED STATES DISTRICT COURT

This litigation arises from an ugly incident of labor violence that occurred on January 7, 2016, in which plaintiffs Richard Lindner, Scott Kudingo, Bill Tonnesen, Joe Weil and Harry Harper, all ironworkers and employees of plaintiff D5 Iron Works, Inc., were set upon by defendants Thomas Williamson, Sr., Jeffrey Veach and other members of defendant Ironworkers Local 395.[1] The matter has languished for more than five years, largely due to the case being stayed during the pendency of a related criminal case against defendants Jeffrey Veach and Thomas Williamson, Sr. [DE 227, 249.] Although the allegations are plainly serious, the First Amended Complaint is a

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blunderbuss of more than twenty counts involving a variety of sometimes contradictory theories. Presently before me are a slew of motions for summary judgment relating to many of those counts.[2]

Rule 56 of the Federal Rules of Civil Procedure provides that “[t]he court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). A motion for summary judgment has been described as the time in a lawsuit to “put up or shut up.” Grant v. Trustees of Indiana University, 870 F.3d 562, 568 (7th Cir. 2017). A genuine dispute of material fact exists when “the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). Thus, not every dispute between the parties makes summary judgment inappropriate. “Only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment.” Id. The determination what material facts are undisputed is obviously critical in the summary judgment context, and the rule requires the parties to support facts, and disputes of fact, by “citing to particular parts of materials in the record, ” or by “showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.” Fed.R.Civ.P. 56(c)(1).

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Undisputed Material Facts

Dyer Baptist Church contracted with Lagestee-Mulder, a general contractor, to construct the Plum Creek Christian Academy. [DE 284-8 at 51, 8:22-9:1; DE 267-2 at 185, 38:12-15.] The job site was surrounded by a chainlink fence. [DE 267-2 at 196, 73:11-12.] Lagestee-Mulder subcontracted the erection of the structural steel frame on the Plum Creek School job to D5 Iron Works, Inc. [DE 267-2 at 162, 9:1; DE 267-2 at 187, 42:12-14; DE 284-8 at 63, 38:12-15.]

Defendant Local 395 Ironworkers, AFL-CIO is a labor organization headquartered in Portage, Indiana. [DE 284-8 at 10, ¶11.] Local 395 is comprised of approximately 854 members. [DE 284-8 at 80, ¶3.] At all times relevant to the allegations of the First Amended Complaint, Tom Williamson, Sr. was a Business Agent with Local 395, and Jeffrey Veach was a Business Agent, President, and Organizer of Local 395. [DE 284-8 at 89, 31:13-15; DE 284-8 at 94, 116:21-23.]

On January 6, 2016, D5 mobilized to perform the Plum Creek contract. Equipment and personnel were driven from Woodstock, Illinois to Dyer, Indiana. D5 owner Richard Lindner was in charge. Scott Kudingo, Bill Tonnesen, and Harry Harper are all employees of D5. [DE 284-8 at 72, 14:16-18; DE 284-8 at 77, 10:11-16.] Scott Kudingo was the crane operator. [DE 267-2 at 204, 124:10-12; DE 267-2 at 211, 34:11-12; DE 267-2-at 231, 235:7-9.] Harry Harper was a welder. [DE 267-2 at 210, 16:21.]

Plaintiffs arrived to work on the job site at 11:00 a.m. on January 6, 2016. [DE 267-3 at 3, 50:19.] They offloaded structural steel and set machines in place to begin

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steel erection. That's when Defendant Williamson entered the scene walking onto the job site and requesting that plaintiff Lindner, who was on a manlift, sign a labor agreement with Local 395. [DE 267-2 at 184, 37:19-21; at 185, 38:2.] Williamson asked who the general contractor was and Lindner told him it was Lagestee-Mulder. [DE 267-2 at 185, 38:12-15.] Lindner declined the invitation to sign a union contract, whereupon Williamson became irate and yelled at Lindner. [DE 267-2 at 185, 38:6-11.] Despite being told to leave the premises, Williamson refused to depart. [DE 267-2 at 188, 59:18-24.]

At no time did Dyer Baptist Church authorize Local 395 to be on the job site. [DE 267-2 at 165, 16:4-10; DE 267-3 at 31, 77:21-24.] Nonetheless, Williamson proceeded to the Dyer Baptist Church building, where he spoke with an assistant pastor named Peter Knezevich. [DE 267-3 at 17, 12:6-24.] Williamson told Pastor Knezevich that the men working on the job site were not part of the Ironworkers union, and that it was unethical for the church to employ non-union workers. [DE 267-3 at 20, 19:19; at 19, 18:4-6.] Williamson communicated that he wanted the current non-union work to stop and for the church to hire Local 395 labor to complete the work. [DE 267-3 at 21, 20:12-16; at 22, 21:1-4.] Williamson handed Pastor Knezevich his business card. [DE 267-3 at 17, 12:9; at 21, 20:13.]

Pastor Knezevich testified in his deposition that because the conversation with Williamson left him feeling “uneasy” and that “something bad was coming, ” he watched Williamson's departure through the window of the church. [DE 267-3 at 24, 23:1-12.]

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Although Williamson's demeanor was not at all threatening, Pastor Knezevich concluded from Williamson's tone, what he said, and what he implied, that Williamson had communicated that “this is not the end of things, I don't want those people out there, and something's going to happen so that you understand clearly that we don't want them out there.” [DE 267-3 at 30, 43:10-18.] Pastor Knezevich saw Williamson get into a car, and drive it around the parking lot adjacent to the worksite, stopping at different angles, which suggested to Knezevich that Williamson was taking pictures. [DE 267-3 at 24, 23:15; at 25, 25:7-18.] The next morning, January 7, Pastor Knezevich told another Dyer Baptist Pastor, David Atkinson, about the encounter with Williamson and his concern that “there could be trouble from the union.” [DE 267-2 at 164, 13:10-13.]

Ron Ware is the Business Manager of Local 395. [DE 284-8 at 88, 10:16-18.] As Business Manager, Ware is responsible for the management of all elected officers and employees, and their day-to-day activities. [DE 284-8 at 92, 80:24 - 81:2; at 93, 81:11-17.] The duties of Williamson and Veach as Business Agents of Local 395 included overseeing signatory contractors and engaging in organizing activities. [DE 284-8 at 94, 116:9-18.]

Ware spoke to Williamson at 11:06 a.m. on January 7, and they discussed efforts “to get a union contractor to perform that work” for Dyer Baptist Church. [DE 267-33 at 39, 70:15-18.] Williamson returned to the job site on January 7 and entered with Veach. [DE 267-2 at 188, 59:3-7.] From his position on the manlift, plaintiff Lindner told

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Williamson that he could not be on the site, that he was interfering with D5's work, was trespassing, and was not covered by insurance. [DE 267-2 at 188, 59:10-13.] Williamson responded that Lindner needed to come down and make him leave. [DE 267-2 at 188, 59:21-24.] Lindner called for plaintiff Harper. [DE 267-2 at 212, 44:19-23.]

When Lindner descended from the manlift and told Williamson to leave, Williamson stated this was a union area, called Lindner a “cunt, ” and grabbed Lindner's safety harness. [DE 267-2 at 189, 60:10-23; DE 267-2 at 215, 56:21-23.] When Williamson released his grip, he stated D5 should sign a labor agreement and warned Lindner that because of the refusal, “I'm taking this back to Old School.” [DE 267-2 at 191, 63:24-64:1; DE 267-3 at 47, 32:15-16.] Lindner saw Williamson leave in a black Ford Expedition or Explorer. [DE 267-2 at 190, 61:13-14; DE 267-2 at 227, 69:12-19.] The incident had lasted 10 to 15 minutes. [DE 267-2 at 192, 64:12.]

Later that day, at around 3:00 p.m., Pastor Atkinson saw four or five vehicles pull into the parking lot between the church building and the job site “almost in unison, doors shutting in unison, just kind of this clockwork thing.” [DE 267-2 at 167, 28:21-24.] The men, approximately 11 or 12 in number, “walked briskly...on a mission, with purpose.” [DE 67-2 at 169, 32:19-22; at 197, 74:16; DE 180 at ¶5.] Atkinson saw the men go onto the construction site, and a few minutes later “saw guys in their work clothes kind of running in all directions...across 213th Street...across Calumet Avenue not waiting for red and green lights, just running.” [DE 267-2 at 168, 29:2-12; DE 267-2 at 195, 72:19-24.]

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Pastor Atkinson called 911 when he saw the “panic-stricken men fleeing the site.” [DE 267-2 at 172, 40:16-18.]

Williamson and Veach were among the Local 395 members who had come to the job site that afternoon. Two of the vehicles photographed leaving the job site were owned by Local 395 and used exclusively by Williamson and Veach. [DE 267-3 at 37, 63:8-9; at 38, 65:12-14; DE 267-3 at 44, 19:8-10.] The Local 395 group rushed the job site, picked up cribbage (wood used in shipping steel) and attacked plaintiffs. [DE 267-2 at 214, 69:11 - 70:7; DE 267-2 at 193, 65:13-18.] There were no picket signs, banners, leaflets, inflatable rats, rat signs or other indicia explaining why the men were there. [DE 267-2 at 177, 49:2-13;...

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