Dole v. LOCAL 512, INTERN. BROTH. OF TEAMSTERS

• Decision Date: 02 February 1990
• Docket Number: No. 88-551-Civ-J-12.,88-551-Civ-J-12.
• Citation: 730 F. Supp. 1562
• Parties: Elizabeth DOLE, Secretary of Labor, United States Department of Labor, Plaintiff, v. LOCAL 512, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL-CIO, Defendant.
• Court: U.S. District Court — Middle District of Florida

730 F. Supp. 1562

Elizabeth DOLE, Secretary of Labor, United States Department of Labor, Plaintiff, v. LOCAL 512, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL-CIO, Defendant.

No. 88-551-Civ-J-12.

United States District Court, M.D. Florida, Jacksonville Division.

February 2, 1990.

William H. Berger, U.S. Dept. of Labor, Office of Regional Solicitor, Altanta, Ga., for plaintiff.

John F. MacLennan, Conrad J. Cendrowski, Kattman, Eshelman & MacLennan, P.A., Jacksonville, Fla., for defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

MELTON, District Judge.

This action was commenced by plaintiff Elizabeth Dole, Secretary of Labor ("the Secretary"), pursuant to § 402(b) of the Labor-Management Reporting and Disclosure Act, 29 U.S.C. § 482(b) ("the Act"). Plaintiff seeks to set aside and require the rerunning of the October 1987 election for the office of Secretary-Treasurer/Business Manager ("Business Manager") of defendant Local 512, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO ("Local 512" or "the Union"). Plaintiff asserts that seven invalid votes were cast in the election, effectively undermining the margin of victory. Defendant maintains that at least one of the challenged votes was cast by an eligible voter.

This nonjury action was tried by the Court on September 13, 1989, with final arguments waived by the parties. Testimony was received from various persons who were involved in the operation of Local 512 and the running of the October 1987 election. The testimony of two witnesses was received in deposition form. Documentary evidence also was received. The parties have stipulated to many facts of this case, set forth with minor changes in paragraphs 1 through 22. The Court has fully considered the believability of the testimony presented, including the credibility of witnesses, and has also carefully reviewed the documentary evidence. Based thereon, the Court finds that plaintiff has failed to demonstrate by a preponderance of the evidence that she is entitled to a declaration that the October 1987 election is invalid and any relief attendant to such a finding. In so holding, the Court makes the following Findings of Fact and Conclusions of Law in accordance with Fed.R.Civ.P. 52(a).

FINDINGS OF FACT

1. Local 512 is, and at all times relevant to this action has been, an unincorporated association maintaining its principal office at 1210 Lane Avenue North, City of Jacksonville, County of Duval, State of Florida, within the jurisdiction of this Court.

2. Local Union 512 is, and at all times relevant to this action has been, a local labor organization engaged in an industry affecting commerce within the meaning of §§ 3(i), 3(j) and 401(b) of the Act, 29 U.S.C. §§ 402(i), 402(j) and 481(b).

3. Local 512 is, and at all times relevant to this action has been, chartered by the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America ("the International"), an international labor organization engaged in an industry affecting commerce within the meaning of §§ 3(i) and 3(j) of the Act, 29 U.S.C. §§ 402(i) and 402(j).

4. Local 512 conducted an election of union officers on October 9 and 10, 1987, which election was subject to the provisions of Title IV of the Act, 29 U.S.C. §§ 481-483.

5. The results of the election for Business Manager, as officially announced by the Election Committee was as follows:

Frank Pendleton — 505

Robert Pike — 504

Gilbert Boone — 140

6. The Department of Labor's recount of the ballots showed the following results for the office of Business Manager:

Frank Pendleton — 509

Robert Pike — 502

Gilbert Boone — 130

7. Forty-nine challenged ballots were cast during the election, one of which was blank. All of the remaining forty-eight challenged ballots ultimately were counted by the Election Committee.

8. Of the forty-eight challenged ballots counted, the parties agree that four were cast by persons ineligible to vote — Cecil G. Hodges, Jeff S. DeAngleo, Marvin Adderly and Boyd Dunkin.

9. Employees of Motor Convoy, Inc. ("Motor Convoy") — Willie Jackson ("Jackson"), Billy Camp ("Camp"), and Marvin Castleberry ("Castleberry") — cast the three other challenged ballots which were counted.

10. Pursuant to Section 17, paragraph 1 of Local 512's By-Laws, in order to be eligible to vote in the October 1987 election, a member of Local 512 had to have his or her dues paid up through the month prior to the month in which the election is held. The same paragraph further provides that a member of Local 512 on checkoff, as were Jackson, Camp and Castleberry, could not be declared ineligible to vote by reason of a delay or default in the payment of dues by the employer to Local 512.

11. The paragraph further states that "a member who is on checkoff shall be under a duty to pay his dues directly to the Local Union if he has no monies owing to him by his employer which are subject to his checkoff authorization on the date when the employer deducts the dues of other members."

12. Article 36, Section 2 (checkoff) of the Central and Southern Conference Area Supplemental Agreements to the National Automobile Transporters Agreement, to which Local 512 and Motor Convoy are signatories, provides:

The Union shall certify to the Employer in writing each month a list of its members working for the Employer who had furnished to the Employer the required authorization, together with an itemized statement of dues, initiation fees (full and installment), credit union and present deductions or uniform assessments owed and to be deducted for such month from the pay of such member and the Employer shall deduct such amount from the first (1st) paycheck following receipt of statement of certification of the members and remit to the Union in one lump sum. The Employer shall add to the list submitted by the Union the names of all regular new employees hired since the last list was submitted and delete the names of employees who are no longer employed.

Where an employee who is on checkoff is not on the payroll during the week which the deduction is to be made or who has no earnings or insufficient earnings during that week or is on leave of absence, the employee must make arrangements with the Union to pay such dues in advance.

13. Motor Convoy does not receive notice from Local 512 of union members who have paid their dues directly to the Union.

14. Local 512's checkoff billing to Motor Convoy for September 1987, shows a billing of $62 each for Jackson and Camp (two months).

15. Neither Jackson nor Camp had any earnings in the first pay period of September 1987, and Motor Convoy did not remit any dues checkoff monies for Jackson or Camp in its October 1987 remission for September 1987 dues.

16. Both Jackson and Camp received holiday pay in the gross amount of $119.36 for the second pay period of September 1987. From that gross amount, Motor Convoy withheld $8.53 in FICA tax and $50 in credit union payments from Jackson's gross, leaving him with $60.83 net pay. Motor Convoy deducted $10.22 in federal tax withholding, $8.53 in FICA tax and $100 in credit union payments from Billy Camp's gross, leaving him with $.61 net pay.

17. Castleberry was off work from mid-January 1987 to mid-July 1987, due to an injury. He did not take a withdrawal from Local 512, which billed Motor Convoy for Castleberry's dues in February, March, April and May 1987, at which time he owed $120. Castleberry was dropped from Local 512's billing in June, July, August, September and October 1987, and for many months thereafter.

18. The dues payment register of Local 512 for Jackson shows $31 paid on July 21, 1987, for July 1987 and then $62 paid on December 22, 1987, for August and September 1987. The dues payment register of Local 512 for Camp shows $31 paid on July 21, 1987, for July 1987 and then no further payments. On January 15, 1988, he was suspended from membership. The dues payment register of Local 512 for Castleberry shows him suspended from membership as of May 18, 1987, through at least July 1988.

19. At no time up to October 10, 1987, did Jackson, Camp or Castleberry offer payment of dues owing for the period up to and including September 1987, directly to Local 512.

20. Pike's internal protests to the union were all timely and his complaint to the Secretary was timely.

21. Pike, at the time of the trial of this action, was ineligible to run for office with Local 512 as he was permanently disabled and has taken a withdrawal from Local 512.

22. Castleberry had sufficient wages for the months of July through September 1987 that had Motor Convoy deducted dues pursuant to Castleberry's dues checkoff authorization card, Castleberry would have been eligible to vote in the October 1987 election.

23. The billing statement sent by Local 512 to Motor Convoy contained a request that all additional employees who are not listed on the billing statement be added and that the billing statement be returned to Local 512. T.T. at 113-16. Pendleton credibly testified that this had been the practice with Motor Convoy for at least as long as he had been Business Manager. Id.

24. Local 512 sent a letter dated July 10, 1989, to Motor Convoy, for the stated purpose of clarifying "confusion pertaining to dues checkoff." Pl.Exh. No. 11. Pendleton testified that the letter came in response to the controversy surrounding the dues deductions of a union member who has returned to work after an absence but has not been placed on the Union's dues collection list. T.T. at 65-66. The letter proposes procedures to follow in the future to avoid a repeat of the circumstances that gave rise to the challenge to Castleberry's eligibility to vote.

25. Pendleton testified that the Union contends Motor Convoy breached the check-off procedures regarding Castleberry, but Local 512 has not filed a grievance on the matter. T.T. at...