Gleason v. Chain Service Restaurant
| Decision Date | 05 February 1970 |
| Docket Number | No. 370,Docket 34024.,370 |
| Citation | 422 F.2d 342 |
| Court | U.S. Court of Appeals — Second Circuit |
| Parties | James GLEASON, Plaintiff-Appellee, v. CHAIN SERVICE RESTAURANT, Luncheonette & Soda Fountain Employees Union, Local 11 of the Hotel & Restaurant Employees and Bartenders International Union, AFL-CIO, Fred Ferrara and George Papalexis, Defendants-Appellants. |
Milton Horowitz, New York City (Burton H. Hall, New York City, on the brief), for plaintiff-appellee.
Harold Luxemburg, New York City (Luxemburg & Yudenfriend, New York City, on the brief), for defendants-appellants.
Before LUMBARD, Chief Judge, FRIENDLY, Circuit Judge, and MANSFIELD, District Judge.*
This is an appeal from the grant of an injunction ordering defendants to restore plaintiff Gleason to membership in defendant union. The court below found that the procedures followed in the expulsion proceedings violated the standards established by § 101 of the Labor Management Reporting and Disclosure Act of 1959, 29 U.S.C. § 411 (1964). We affirm.
On August 31, 1967, defendant Papalexis filed with the union written charges against Gleason in which he alleged Gleason had committed various acts of misconduct and malfeasance while serving as union business agent. After requesting details of the charges, plaintiff on October 4, 1967 was furnished a bill of particulars, and a hearing was set for October 16, 1967. At this hearing before a trial committee consisting of five union members, Gleason was permitted to cross-examine witnesses and to call witnesses of his own. The trial committee found plaintiff guilty of the first eight charges, and of four of the seven items in the ninth charge. As punishment, it recommended Gleason's expulsion from the union coupled with a permanent ban on his holding any union office. Three days later, the local's Executive Board adopted the trial committee's report and voted unanimously for expulsion. The general membership of the local, at a meeting held on December 5, 1967, approved the reports of the trial committee and the Executive Board, and the following day plaintiff received notice of his expulsion. After an internal appeal which proved unsuccessful, he brought the present action for injunctive relief in the district court under the jurisdiction conferred by section 102 of the LMRDA, 29 U.S.C. § 412 (1964).
We affirm the grant of the injunction for the reasons given by Judge Herlands. The majority of the nine charges filed against Gleason lacked the specificity required by section 101(a) (5) of the Act, a defect not cured by the bill of particulars of October 4. They did not meet the standards imposed by "fundamental notions of due process" which section 101(a) (5) was enacted to protect. Jacques v. Local 1418, 246 F.Supp. 857 (E.D.La.1965), aff'd, 404 F.2d 703 (5th Cir. 1969). See also Vars v. International Brotherhood, 215 F.Supp. 943 (D.Conn.), aff'd, 320 F.2d 576 (2d Cir. 1963). Finding that it was impossible to...
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...on the sterile field of the pleadings alone." Id. (citing Gleason v. Chain Service Restaurant, 300 F. Supp. 1241 (S.D.N.Y. 1969), aff'd, 422 F.2d 342 (2d Cir. 1970)); Fleischer v. A. A. P., Inc., 180 F. Supp. 717 (S.D.N.Y. 1959); 2A Moore's Federal Practice P 12-21(1) (2d ed. 1975)). Nevert......
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Burger v. Health Ins. Plan of Greater New York
...to strike, the issues must be framed. Gleason v. Chain Serv. Restaurant, 300 F.Supp. 1241, 1257 (S.D.N.Y.1969), aff'd per curiam, 422 F.2d 342 (2d Cir.1970). All of plaintiff's federal claims are based on discrimination, relative to either sex or age. See, e.g., Ridenour v. Lawson Co., 791 ......
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Galvin v. New York Racing Ass'n
...not give Gleason the information needed to conduct a meaningful investigation and prepare a defense." Gleason v. Chain Service Restaurant, 422 F.2d 342, 343 (2d Cir.1970) (per curiam).3 The adequacy of notice in this case thus turns on whether the statement, "Further, we have and continue t......
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