Navarro v. Leu, Civ. No. C78-8.

• Decision Date: 30 March 1979
• Docket Number: Civ. No. C78-8.
• Citation: 469 F. Supp. 832
• Parties: Raymond NAVARRO et al., Plaintiffs, v. Harold LEU et al., Defendants.
• Court: U.S. District Court — Northern District of Ohio

469 F. Supp. 832

Raymond NAVARRO et al., Plaintiffs, v. Harold LEU et al., Defendants.

Civ. No. C78-8.

United States District Court, N. D. Ohio W. D.

March 30, 1979.

Gerald B. Lackey of Green, Lackey, Newcomer & Harris, and Samuel G. Bolotin, Toledo, Ohio, for plaintiffs.

Richard C. Hasbrook, and Joseph J. Allotta of Gallon, Kalniz & Iorio, Toledo, Ohio, for defendants.

OPINION AND ORDER

DON J. YOUNG, District Judge:

This cause came to be heard upon motions of the defendants for summary judgment. Fed.R.Civ.P. 56. Plaintiffs have opposed the motion.

The action was commenced on January 6, 1978, by fifteen individuals who are members of Local 20 of the Teamsters Union. Jurisdiction is based on the Labor-Management Reporting and Disclosure Act, 29 U.S.C. §§ 401, et seq. Each plaintiff, it is alleged, was serving as an appointed business agent for Local 20. During the union presidency campaign in November of 1977, plaintiffs campaigned for the slate headed by Mr. Omar Brown. However, the defendant Harold Leu was declared the winner in that election.¹

Rule 56(c), Fed.R.Civ.P. provides for the entry of summary judgment if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue of material fact. Here, the record before the Court is extensive. On January 17, 1978, a hearing was held on a motion for preliminary injunction where evidence was taken and the arguments of counsel were heard. Several depositions and affidavits are on file as well as the detailed briefs of counsel. On the basis of this record, the Court can determine that there is no genuine issue of material fact and that summary judgment may be entered.

Title 1 of the LMRDA, 29 U.S.C. §§ 401, et seq., establishes a bill of rights for union members. Title 29 U.S.C. §§ 411(a)(1) and (2) provide:

(1) Every member of a labor organization shall have equal rights and privileges within such organization to nominate candidates, to vote in elections or referendums of the labor organization, to attend membership meetings, and to participate in the deliberations and voting upon the business of such meetings, subject to reasonable rules and regulations in such organization's constitution and bylaws.

(2) Every member of any labor organization shall have the right to meet and assemble freely with other members; and to express any views, arguments, or opinions; and to express at meetings of the labor organization his views, upon candidates in an election of the labor organization or upon any business properly before the meeting, subject to the organization's established and reasonable rules pertaining to the conduct of meetings: provided, That nothing herein shall be construed to impair the right of a labor organization to adopt and enforce reasonable rules as to the responsibility of every member toward the organization as an institution and to his refraining from conduct that would interfere with its performance of its legal or contractual obligations.

Title 29, U.S.C. § 529 provides:

It shall be unlawful for any labor organization, or any officer, agent, shop steward, or other representative of a labor organization, or any employee thereof to fine, suspend, expel, or otherwise discipline any of its members from exercising any right to which he is entitled under the provisions of this chapter. The provisions of section 412 of this title shall be applicable in the enforcement of this section.

Essentially, two lines of authority have developed regarding the employment termination of union employees for political activity. One line of authority would hold the discharge unlawful. Grand Lodge v. King, 335 F.2d 340 (9th Cir. 1959), cert. denied 379 U.S. 920, 85 S.Ct. 274, 13 L.Ed.2d 334 (1964); George v. Bricklayers Union, 255 F.Supp. 239 (E.D.Wisc.1966); Price v. United Mine Workers, 376 F.Supp. 1015 (D.D.C. 1974); aff'd without opinion, 169 U.S.App. D.C. 301, 515 F.2d 1018 (1975). A more modern line of authority would permit the discharge. Newman v. Local 1101, Communication Workers of America, 570 F.2d 439 (2d Cir. 1978); Wambles v. International Brotherhood of Teamsters, etc., 488 F.2d 888 (5th Cir. 1974). Martire v. Laborers' Local Union 1058, 410 F.2d (3d Cir.), cert. denied 396 U.S. 903, 90 S.Ct. 216, 24 L.Ed.2d 179 (1969).

The basis principles of the statutory provisions are rather straightforward. The statutes were designed to protect the rights of union members. Wambles v. International Brotherhood of Teamsters, supra; Newman v. Local 1101, supra. Plaintiffs, while acknowledging a distinction between union membership and employment in the union, claim that the distinction should not apply because of the "unique nature" of this local's organization.

Local 20 apparently is a fairly large local with some 14,000 members. The bylaws of the union provide for a legislative assembly known as the Stewards' Council. This institution is designed to govern the affairs of the union and is made up of officers, shop stewards and full time business agents or representatives of the union. As appointed business agents, the plaintiffs sat on the Stewards' Council and participated in the formation of union policy. After each plaintiff was terminated as a business agent by the defendants, it was necessary for him to attempt to return to employment within the industry. Termination as a...