Int'l Ass'n of Machinists & Aerospace Workers v. Union De Carpinteros De P.R.

Decision Date14 July 2022
Docket NumberCIVIL 22-1267 (RAM)
PartiesINTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, by its trustee JUAN NEGRON, Plaintiff v. UNION DE CARPINTEROS DE PUERTO RICO, GERMAN RIVERA-ROSADO, RAFAEL RODRIGUEZ-PAGAN Defendants
CourtU.S. District Court — District of Puerto Rico

OPINION AND PERMANENT INJUNCTION ORDER

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).

I. FINDINGS OF FACT[5]

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
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