RAÚL M. ARIAS-MARXUACH UNITED STATES DISTRICT JUDGE
On June
9, 2022, Plaintiff International Association of Machinists
and Aerospace Workers AFL-CIO's (“Plaintiff,”
“IAMAW” or “the International”) filed
a Complaint for Enforcement of Trusteeship
(“Complaint”) for injunctive and
declaratory relief pursuant to Section 301 of the Labor
Management Relations Act (“LMRA”), 29 U.S.C
§ 185, and Title III of Labor Management Relations and
Disclosure Act (“LMRDA”), 29 U.S.C. § 401
et seq., against Union De Carpinteros De Puerto Rico
(“UCPR,” “Local” or “LL
2252-C”) and Germán Rivera-Rosado (“Mr
Rivera-Rosado”) and Rafael
Rodríguez-Pagán (“Mr
Rodríguez-Pagán”) (jointly,
“Defendants”). (Docket No. 1).
On June
27, 2017, Mr. Rivera-Rosado and Mr.
Rodríguez-Pagán (jointly, “Individual
Defendants”) filed a Motion by German Rivera
Rosado And By Rafael Rodriguez Pagan, Voluntarly [sic]
Submitting To The Jurisdiction Of The Honorable Court And
Informing That They Will Not Oppose Nor Raise Any Defense To
The Temporary Restaining [sic] Order
(“Motion”). (Docket No.
47).[1]
They averred that per a Settlement Agreement between the
parties, they: (1) would not raise any defenseto the
Complaint; (2) consent to the Temporary Restraining
Order (“TRO”) issued on June 10, 2022 and
Plaintiff's pending Injunction Request; and (3) request
that Judgment be entered against them without the imposition
of any costs or attorney fees. Id.[2] The Court
subsequently granted the Motion. (Docket No. 50).
Plaintiff and UCPR then filed The International's and
the Local's Response to Defendant's Motion at ECF No.
47 And Motion For Entry Of Judgment (“Motion
for Judgment”) reiterating the execution of the
settlement agreement and requesting entry of judgment.
(Docket No. 51). The Court highlights some of the Settlement
Agreement's most salient stipulations:
A. The Individual Defendants agree to accept every allegation
in the Complaint, the TRO and request for injunction
(Docket Nos. 1, 3 and 9) in the present case.
B. The Individual Defendants agree to not raise any
affirmative defenses and withdraw any allegations in this
case.[3]
C. The Individual Defendants agree to fully cooperate with
IAMAW's trusteeship and audit process and with any other
proceeding to which they or other Union members could be
subject to.
D. The Individual Defendants agree to cooperate with all
disciplinary, administrative, and/or any other proceeding of
any nature related to the facts of the case, and/or that
arise from the audit to be conducted and that the UCPR and/or
IAMAW may establish against them or against any other member,
employee, directive, or agent of the UCPR, with their
respective Bylaws and/or Constitution.
E. Plaintiff waives any request for attorney's fees and
costs.[4]
F. The Individual Defendants can continue to be Union
members; however, they cannot hold executive or elected
offices within IAMAW, LL 2252-C or any IAMAW local lodge in
Puerto Rico for three years.
(Docket No. 54-1).
The
Motion for Judgment also stated that IAMAW
“has not waived - and the parties understood that it
did not - any right whatsoever with regards to additional
proceedings, including taking any disciplinary, legal, or
whatever other action that may arise from” IAMAW's
audit. (Docket No. 51 at 2-3). The Court subsequently granted
the Motion for Judgment. (Docket No. 53).
Based
on the Individual Defendants' failure to contest the
Complaint and the Motion for a Temporary
Restraining Order and Preliminary Injunction and Incorporated
Memorandum of Law (), the record before the Court, and
Fed.R.Civ.P. 52 (a), the Court makes the following findings
of fact:
1. IAMAW has established prima facie that this Court has
jurisdiction over the parties and subject matter herein.
2. IAMAW established prima facie evidence showing that LL
2252-C signed an affiliation agreement (“the
Agreement”) with IAMAW on April 24, 2019. (Docket No
3-3).
3. The Agreement states that upon its ratification, IAMAW
shall charter UCPR as a local lodge, directly affiliated with
the IAMAW Grand Lodge, and UCPR will keep its status as an
affiliated lodge continuously thereafter. Id. at 2.
4. The Agreement also states that “the newly charter
local and its members shall comply with all provisions of the
IAMAW Constitution.” Id.
5. Section 7 of Article VI of IAMAW's Constitution,
states that the International President (“I.P.”)
is empowered with “the general supervision, direction
and control of all L.Ls., D.Ls., councils and conferences and
the officers thereof” and which includes the
“authority to place under his/her direct supervision,
direction and control any L.L., D.L., council or conference
when he/she determines that the good and welfare of this
Association or the membership is placed in jeopardy”
for reasons justifying a trusteeship, and with the approval
of the Executive Council (“E.C.”). (Docket No.
3-2 at 53).
6. Further, Section 5 of Article VII states:
The G.S.T. [or General Secretary-Treasurer] shall audit the
books of any L.L., D.L., council or conference whenever in
his/her opinion such an audit is advisable; such audits shall
include health and welfare funds, insurance or benefit funds,
building associations, etc., which are operated in the
interests of the members or administered and directed under
the control of the L.L., D.L., council or conference”
. . .
Upon demand therefore by the G.S.T., the officers of any
L.L., D.L., council or conference shall forth-with surrender
and turn over to the G.S.T. or to an auditor whom he/she may
designate, all books, vouchers, bills, receipts and records
of such L.L., D.L., council or conference. Any L.L., D.L.,
council or conference or officer thereof, who refuses to
comply with the provisions of this SEC. shall be liable to
suspension or expulsion by the E.C. (Docket No. 3-2 at
62-63).
7. IAMAW established that on May 25, 2022, IAMAW Associate
General Counsel Laura Ewan (“AGC Ewan”) e-mailed
Mr. Rivera-Rosado, President of LL 2252-C, stating that the
Grand Lodge would begin an auditing process of LL 2252-C on
June 6, 2022. (Docket No. 3-4).
8. AGC Ewan also provided Plaintiff with a copy of
IAMAW's Constitution authorizing the Grand Lodge to
conduct the audit. Id.
9. Ms. María Baez confirmed that Mr. Rivera-Rosado was
forwarded the audit request. (Docket No. 3-5).
10. On June 3, 2022, Mr. Rivera-Rosado sent a letter to AGC
Ewan stating that the Agreement was “null, void and
totally
invalid” and that UCPR would not be
“participat[ing] in any type of audit over its
operations, since” IAMAW does not have “rights to
conduct the same.” (Docket No. 3-6).
11. On June 3, 2022, Mr. Rickey Wallace, the General Vice
President of the Southern Territory of IAMAW which oversees
LL 2252-C, explained in a letter to IAMAW's I.P. Mr.
Robert Martinez (“Mr. Martinez”), that by
attempting to unaffiliate with IAMAW, LL 2252-C was
“endager[ing] the good and welfare of” its
members and requested that LL 2252-C be placed under
trusteeship immediately. (Docket No. 3-7 at 2).
12. On June 8, 2022, the Mr. Martinez sent a letter to LL
2252-C's officers stating he was imposing a trusteeship
on UCPR as authorized under IAMAW's Constitution and
appointing Special Assistant to the I.P. Mr. Juan Negron
(“Mr. Negron”) as a temporary trustee. (Docket
No. 3-8).
13. On June 8, 2022, Mr. Negron went with AGC Ewan, Special
Representative to the I.P. Tony Blevins, Grand Lodge Auditor
Mariaelena Fuentes and Servicing Representative Jose
“Lole” Rodriguez Baez to LL 2252-C's offices
to meet with Mr. Rivera-Rosado and Mr.
Rodríguez-Pagán, the Vice-President of LL
2252-C, but were unable to meet with them. (Docket No. 3-1
¶ 16).
14. After communicating with Mr. Rivera-Rosado and Mr.
Rodríguez-Pagán via Whatsapp, and who still
refused to meet with Mr. Negron, IAMAW's representatives
slid the notices of the trusteeship under the office door of
LL 2252-C and sent copies of the same through USPS certified
mail. Id. ¶ 17.
15. IAMAW established that, per the Affiliate Agreement and
in accordance with the IAMAW Constitution, it can audit an
affiliate's books. (Docket Nos. 3-2 at 62-63; 3-3 at 2).
16. IAMAW has also shown it has been unable to implement the
trusteeship, that the books and record of LLC 2252-C have not
been turned over and that an audit of the same has not been
conducted. (Docket Nos. 1 ¶ 4.13 - 4.31; 3-7 at 2).
17. IAMAW prevailed on its claims of breach of IAMAW's
Constitution in violation of Section 301 of the LMRA, and of
Title III of LMRDA. (Docket No. 1 at 11-12).
18. IAMAW is suffering immediate and irreparable injury due
to the Individual Defendants' failure to participate in
the audit process of LL 2252-C. It will continue to suffer
this harm and injury if a permanent injunction is not issued.
19. The potential harm caused to the Individual Defendants is
insufficient to preclude the Court from issuing this order.
20. The equities herein weigh heavily in Plaintiff's
favor and thus for the issuance of this permanent injunction.
21. The public interest in protecting the good and welfare of
LL 2252-C's members will be furthered by the issuance of
this order prohibiting the Individual Defendants from
continuing to violate its Affiliate Agreement with IAMAW and
refusing to adhere to the trusteeship.
22. On June 6, 2022, the Court issued a TRO. (Docket No. 9).
23. On June 24, 2022, the Court held a Show Cause Hearing
where the Individual Defendants ind
...