Lundgren v. Pawtucket Firefighters Ass'n Local No. 1261

• Court: Rhode Island Supreme Court
• Writing for the Court: KELLEHER
• Citation: Lundgren v. Pawtucket Firefighters Ass'n Local No. 1261, 595 A.2d 808 (R.I. 1991)
• Decision Date: 31 July 1991
• Docket Number: No. 89-405-A,89-405-A
• Parties: Ralph LUNDGREN et al. v. PAWTUCKET FIREFIGHTERS ASSOCIATION LOCAL NO. 1261 et al. ppeal.

Page 808

595 A.2d 808

Ralph LUNDGREN et al. v. PAWTUCKET FIREFIGHTERS ASSOCIATION LOCAL NO. 1261 et al.

No. 89-405-Appeal.

Supreme Court of Rhode Island.

July 31, 1991.

Lauren E. Jones, Robert S. Thuurston, Jones Associates, Michael F. Horan, Pawtucket, for plaintiffs.

Richard Skolnik, Intern. Ass'n of Firefighters, Providence, Thomas Woodley, Intern. Ass'n of Firefighters, Washington, D.C., Harry J. Hoopis and John P. Hawkins, Pawtuckett Firefighters, Providence, for defendants.

OPINION

KELLEHER, Justice.

This controversy comes before us on appeals taken by the defendants following a Superior Court jury trial. The defendants are members of the Pawtucket Firefighters Association Local No. 1261 (local 1261) and the International Association of Firefighters (IAFF or International). The five plaintiffs at the trial and the appellees before us are Ralph Lundgren (Lundgren), Joseph Scully (Scully), Raymond Murray (Murray), Frank Sylvester (Sylvester), and Florent Gendreau (Gendreau).

The record indicated that the five plaintiffs were employed by the city of Pawtucket as firefighters. Four of the five, Lundgren, Scully, Murray and Gendreau, were battalion chiefs. All plaintiffs have since retired from the Pawtucket Fire Department. During their years of service, plaintiffs were members of both local 1261 and IAFF.

Difficulties for plaintiffs apparently began in February 1980. At that time William McGill, the president of local 1261, sent letters to the department's battalion chiefs (including some of plaintiffs). In his letters William McGill demanded that the battalion chiefs resign from the union and threatened the chiefs with expulsion from IAFF if they refused to comply. It appears that the battalion chiefs were being forced out of local 1261 "because they were members of management."

Later, in the spring of 1980, the city of Pawtucket scheduled promotional examinations for firefighters. Local 1261 held two meetings in which the forthcoming examinations were discussed. In violation of International's constitution and bylaws, members had not been notified of the meeting in writing at least seven days in advance. However, notices of the meetings had been posted on various bulletin boards. William McGill testified that the meetings were held on such short notice that it was impossible to abide by the mandate of IAFF's constitution.

A majority of those present at the meetings voted to boycott the promotional examinations. The issue of establishing a picket line was never made subject to a vote. On the day of the examinations, however, members of local 1261 set up a "spontaneous" picket line outside the examination site. The plaintiffs crossed the line and participated in the examinations. At trial William McGill conceded that pursuant to the terms of the collective-bargaining agreement, plaintiffs had the right to take the examinations.

In late July 1980 William McGill filed internal union charges against plaintiffs for violating local 1261's policy. The charges against plaintiffs included "[f]ailure to abide by the [union] resolution passed * * * and crossing the picket line." Although the union's constitution and bylaws require a trial within forty-five days, this deadline was not met; instead, the charges were dropped and reinstated in a subsequent notice. This duplicative action came about because the trial-board members had to be selected from among the membership of a neighboring local union since all members of local 1261 were involved in the incidents that led to the charges.

William McGill then contacted IAFF vice president Martin J. Pierce (Pierce). William McGill informed Pierce that an impartial trial board could not be formed from the members of local 1261. In such a situation, International's constitution and bylaws provided that the vice president is to submit the names of seven members of a neighboring IAFF local affiliate to the "accused," and then the "accused" shall select three of the seven listed persons to serve as the trial board.

Following these procedures, Pierce sent a letter to plaintiffs. The letter listed seven members of an IAFF local in nearby East Providence. Each plaintiff was to select three names from the seven suggested. If plaintiffs did not make a selection, then Pierce would appoint the triumvirate. Sylvester, acting on behalf of all plaintiffs, selected three names for the trial board. ¹ Although Sylvester's correspondence was sent by certified mail, Pierce claimed that he never saw it.

In late September Pierce sent a second letter to Sylvester, stating that as Sylvester had not made the selections, Pierce would select the three names from the list of seven. Ultimately two of the three people selected were individuals whom Sylvester had named in his earlier letter.

The union trial was held on three separate dates in the fall of 1980. The trial board issued a unanimous decision finding that all five plaintiffs had "engag[ed] in conduct detrimental to the best interests of the association." The board then imposed a $750 fine on each plaintiff. In addition the decision of the trial board precluded plaintiffs from holding local union offices for a period of ten years.

The plaintiffs appealed the trial board's decision to International's president. John Gannon (Gannon), International's president at the time, issued a written decision denying the appeal and affirming the decision of the trial board. Gannon's decision was not issued within the sixty days required by the IAFF constitution. The plaintiffs then appealed the decision to IAFF's committee on grievances and appeals. ² This committee affirmed the local trial board's decision.

In early 1980 the union and its members began harassing plaintiffs. After plaintiffs took the promotional examinations in May, the harassment increased. The plaintiffs, in their brief, summarized this conduct as follows:

1. The plaintiffs' personal quarters were vandalized and their belongings were covered with shaving cream and brass polish. The damage occurred inside the fire stations, in areas that were accessible only to the other firefighters. The damage was so severe that the Pawtucket police were called to investigate. Shortly after Gendreau's private quarters were vandalized, he suffered a heart attack.

2. The word "SCAB" was written on plaintiffs' bedspreads, pillowcases, and equipment.

3. The union's checkbook refers to plaintiffs as "scabs."

4. The words "SCAB" and "PIG" were written across Gendreau's paycheck.

5. The plaintiffs received harassing phone calls at all hours, day and night.

6. The other firefighters would lock Sylvester out of the fire station, and they would lock Lundgren out of his personal quarters.

7. Oil was poured all over the front seat of Gendreau's car when it was parked at the station.

8. "Scab" was written next to Sylvester's name when it appeared on a notice on the bulletin board at the Roosevelt Avenue fire station.

9. All camaraderie and socializing between plaintiff battalion chiefs and their firefighters ceased. The firefighters even refused to march directly behind the battalion chiefs in a parade.

10. The following notice was signed by twenty firefighters and posted at station 2 on Roosevelt Avenue: "If you agree that no convicted scabs or not paid up scabs or scum that are suing our union cannot drink our kitty's coffee or participate in our kitty, sign below, majority rules."

11. Sylvester was unable to complete a master's degree at Rhode Island College because other firefighters refused to substitute for him on the nights he had to attend classes.

12. Sylvester was often left to fight fires by himself.

13. Local 1261 ignored Lundgren in its negotiations with the city of Pawtucket. It failed to negotiate a pay raise for Lundgren when all other union members received a raise.

14. Next to Scully's name on the union's original charter, the word "scab" was written in red letters.

As a result of the actions of local 1261 and its members, plaintiffs retired earlier than they had planned, and some plaintiffs did so at the cost of lost pension benefits.

In 1983 the five plaintiffs brought lawsuits against William McGill, local 1261, and International. These complaints alleged that defendants had intentionally inflicted emotional distress, had breached a duty of fair representation, and had defamed plaintiffs.

The plaintiffs served summonses and copies of the complaint only on William McGill. It is conceded that William McGill was not an officer or agent of IAFF, and it is also undisputed that IAFF was not served. Nevertheless Richard P. Brouillette (Brouillette), a member of the Rhode Island Bar, filed answers to the complaints on behalf of all three defendants.

During the discovery period, interrogatories were filed and the deposition of William McGill was taken. In addition requests for production and for admissions were filed and responses were made.

On February 28, 1985, Brouillette withdrew his appearance on behalf of all defendants, and Harry J. Hoopis (Hoopis), a member of the Rhode Island Bar, entered an appearance on behalf of all defendants. In 1986 the cases were consolidated for trial. In September 1987 a pretrial conference was held. On June 22, 1988, the matter was reached for trial.

On the first day of trial, IAFF received a phone call from Frank Montanaro (Montanaro), who at the time was the president of the State Association of Firefighters. Montanaro's reason for calling was to "check with the International to see if they could have someone come down here and testify as to International bylaws and how the charging of the individual takes place."

Montanaro spoke to Richard Hyatt (Hyatt), administrative assistant to the president of International. Hyatt told Montanaro to speak to Thomas Woodley (Woodley), who was International's attorney. ³ Montanaro then testified that he spoke to Woodley that same day. During his conversation with Woodley, Montanaro suggested that...