Dow v. UNITED BROTH. OF CARPENTERS, Civ. A. No. 92-12558-H.

• Decision Date: 15 January 1993
• Docket Number: Civ. A. No. 92-12558-H.
• Citation: 810 F. Supp. 23
• Parties: Joseph DOW and Robert Renda, Plaintiffs, v. UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA; and Boston and Vicinity District Council of Carpenters, United Brotherhood of Carpenters and Joiners of America; United Brotherhood of Carpenters and Joiners of America, Local Union No. 218, Defendants.
• Court: U.S. District Court — District of Massachusetts

810 F. Supp. 23

Joseph DOW and Robert Renda, Plaintiffs, v. UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA; and Boston and Vicinity District Council of Carpenters, United Brotherhood of Carpenters and Joiners of America; United Brotherhood of Carpenters and Joiners of America, Local Union No. 218, Defendants.

Civ. A. No. 92-12558-H.

United States District Court, D. Massachusetts.

January 15, 1993.

Mark D. Stern and Brian W. Mellor, Law Office of Mark D. Stern, P.C., Somerville, MA, for plaintiffs.

Christopher N. Souris, Feinberg, Feld, Charnas & Schwartz, Boston, MA, for defendant.

MEMORANDUM AND ORDER

HARRINGTON, District Judge.

This dispute involves the manner in which a leadership position vacancy in Carpenters Local 218 (the "Local") ought to be filled. The Local's By-Laws provide one method, while the Constitution of the United Brotherhood of Carpenters and Joiners (the "International"), with which the Local is affiliated, provides another. Plaintiffs, who argue that the Constitution governs, are the ex-President and a member of the Local, respectively. Defendants, who argue for application of the Local's By-Laws, are the Local, the International, and the Boston District Council of Carpenters (the "District Council"). Both plaintiffs and defendants have filed Cross Motions for Summary Judgment.

On September 9, 1992, Louis Catanzarro resigned as Business Manager/Financial Secretary of Carpenters Local 218. That same day, the Plaintiff Joseph Dow, then President of the Local, appointed himself Business Manager/Financial Secretary. On or about September 10, 1992, Andris Silinis, President of the Boston District Council of Carpenters (the "District Council"), advised Plaintiff Dow that Robert Cataldo, the Local's Business Representative, automatically succeeded to the position of Business Manager/Financial Secretary. On September 14, 1992, President of the United Brotherhood of Carpenters and Joiners of America (the "International"), Sigurd Lucassen, informed Mr. Dow that he was not authorized to perform the duties of Business Manager, and that Mr. Cataldo was to perform those duties. The International, the District Council and the Local rely on a provision of the Local's By-Laws to support their position that Mr. Cataldo is the current Business Manager/Financial Secretary of the Local. Plaintiffs rely on a provision of the International's Constitution to support their contention that President Dow acted properly in naming himself Business Manager/Financial Secretary Pro-Tem and that an election ought now be held to fill the vacancy.

The By-Law, which was approved by the Local, the District Council and ultimately the International on October 24, 1989 and upon which the defendants rely, provides that when a vacancy occurs in the Business Manager/Financial Secretary position, the Business Representative shall succeed to that position.¹ The Constitutional provision, upon which the plaintiffs rely, provides that the President of a Local may fill a vacancy in the post of Business Manager/Financial Secretary with a union member until such time as an election to fill the vacancy can be held.²

Plaintiffs allege that these two provisions are in conflict, and that the Local's By-Laws resolve the conflict in their favor. Plaintiffs cite Article VII, Section 2 of the By-Laws of Local Union No. 218 which states that

the Constitution and Laws of the United Brotherhood of Carpenters ... are hereby made part of the By-Laws. Where there is doubt about any section of the By-Laws or where such might appear to be a conflict with the Constitution and Laws of the United Brotherhood ... the Constitution and Laws of the United Brotherhood ... shall supersede.

Defendants counter that the Constitution and the By-Laws are not in conflict and hence that this provision of the By-Laws, which mandates that the Constitution supersede the By-Laws, need not be invoked. Defendants' position is supported by the fact that the International explicitly approved the Local's By-Law and, had there been a conflict between the Business Manager/Financial Secretary provision of the By-Laws, and the Constitution, the...