Nix v. Fulton Lodge No. 2 of Int. Ass'n of M. & A. Wkrs.

Decision Date09 January 1967
Docket NumberNo. 10463.,10463.
Citation262 F. Supp. 1000
PartiesFranklin NIX v. FULTON LODGE NO. 2 OF the INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, and Davis L. Miller as President of Fulton Lodge No. 2 of the International Association of Machinists and Aerospace Workers.
CourtU.S. District Court — Northern District of Georgia

COPYRIGHT MATERIAL OMITTED

William G. McRae, Atlanta, Ga., for plaintiff.

J. R. Goldthwaite, Jr., Atlanta, Ga., for defendants.

SIDNEY O. SMITH, Jr., District Judge.

This is a suit brought by plaintiff, Franklin Nix ("Nix") against Fulton Lodge No. 2 of the International Association of Machinists and Aerospace Workers (the "local union"), of which he is a member, under the Labor-Management Reporting and Disclosure Act. 29 U.S. C.A. § 401 et seq. Basically, he seeks injunctive relief against his expulsion for an alleged exercise of his rights of free speech under the act. 29 U.S.C.A. § 411 (a) (2).1 He likewise seeks damages and further injunctive relief against the dissemination by defendant and others of the facts surrounding his expulsion. 29 U.S.C.A. § 412. Upon the filing by Nix of his original petition, the court issued an ex parte restraining order which was, on subsequent hearing, dissolved as premature as it issued after the filing of charges against petitioner and his hearing before the Trial Committee, but prior to any report to the local union or expulsion. Subsequently, the petition was amended showing actual expulsion. The court issued another ex parte restraining order which was, on subsequent hearing, continued in force until the full hearing on the preliminary injunction by the court. At the full hearing, it was stipulated by the parties that the court's action would be final on the injunctive question and constitute a complete trial on the issues of both temporary and permanent relief, other than the question of damages.

There is little dispute about the facts. The record in the case consists of numerous documentary exhibits adduced on trial, the authenticity of which is agreed upon by both parties.2 All of such evidence is adopted as the court's findings of fact in this case.

In brief, Nix is a former professional journalist. In 1955 he applied for employment as a press-representative of the International Association of Machinists and Aerospace Workers. The Grand Lodge hired him in this capacity as a "staff employee." The Grand Lodge is made up of members of the union and is governed by a President, eight Vice-Presidents, and a Secretary-Treasurer, who together constitute the executive council of the Union and operate it between conventions of the membership at large. The membership is further organized into Local Lodges and District Lodges, normally by occupational groups, such as railroad workers, airline workers, etc. Each International vice-president is assigned a regional responsibility. Working with him under the executive council are various full-time staff employees and representatives in each region, whose responsibility lies in the financial, organizational, contractual negotiation, publicity, etc. supervision of the local and district lodges within the region. Membership in the union is not required for the employment given to Nix but is normally granted to all staff representatives.

Earlier, beginning in mid-1965, Nix undertook to organize the staff representatives into a union known as the "IAM Representatives Association." This campaign was successful in that the sub-union was organized and certified by the National Labor Relations Board as the authorized bargaining agent for certain employees of the national field staff to bargain with the Grand Lodge with respect to wages, hours, and working conditions of such employees.

In the course of the organizational campaign Nix issued two letters or bulletins to prospective members of the sub-union exhorting their vote against the Grand Lodge in the forthcoming election.3 In such letters, inter alia, Nix stated:

"Bob Quick, general chairman of United Airlines (then Capital) didn't hesitate to picket Grand Lodge when he thought Hayes ordered him to trample on the rights of his members. You know what happened? They broke their necks getting down to settle things with Bob and get him off that sidewalk. Would Bob do it again? Ask him?" (6/23/66).
The other letter, I'm informed, is addressed to me, but sent to you by Grand Lodge Headquarters on the Grand Lodge postage meter with a date of June 29th and signed by Bob Quick. In it Bob, who was recently helped out by the IP and Plato, reportedly denies that he ever picketed or threatened to picket Grand Lodge, or ever had any differences with Hayes. I would be the first to say that I was not there. But General Vice-President McGlon, who told staff members about it, was not campaigning against a union at the time and had no reason, so far as I know, to deceive people about Bob's Capital differences with Grand Lodge. I kidded him about it some time later in Miami, and he didn't issue any corrections at that time." (7/2/66).

On the basis of such letters, Quick (a District Lodge President in California) filed charges of misconduct against Nix under Article L, Section 7 of the International Constitution. This Section provides for the filing of charges by one member of the International Union, regardless of his local or district affiliation, against another member of the Grand Lodge with the President of the latter's local. Thus the vehicle adopted by the Grand Lodge for trial is the local union and in such capacity the local union acts for the Grand Lodge. (See Exhibit 1 and Exhibit D).

The trial committee was duly formed and a hearing followed in accordance with the international constitution and by-laws. On November 10, 1966, the trial committee reported its verdict of "guilty" and recommended expulsion. In the finding and in the expulsion, the local union concurred by secret written ballot, all as provided by the constitution. Section 14 and Section 15 provide for internal appeals to the International President and to the Executive Council, and to the General Convention. These appeals the plaintiff here disclaims, aserting his right to proceed in district court under 29 U.S.C.A. § 411 at this point. It is agreed that all statements made by Nix, on which his trial and expulsion are based, were made by him in the course of organizing the IAM Representatives Association, or the sub-union.

Just prior to the filing of these charges, Nix was discharged as a paid staff employee by the International President Siemiller. Nix immediately filed unfair labor practice charges against the Grand Lodge arising out of his discharge, charging that the Grand Lodge discriminated in regard to the terms and conditions of employment "in order to discourage membership in a labor organization." Such charges are presently pending before the NLRB.

In essence, the defendant contends that this action is barred:

(a) Because Nix's publications were not an exercise of free speech covered by the Act in that they concerned extra-union matters rather than internal union matters.

(b) Because the complaints herein are preempted by the authority already vested in the National Labor Relations Board.

(c) Because petitioner has not exhausted his internal remedies of appeal as provided by 29 U.S.C.A. § 411(a) (4).

Heretofore, the plaintiff has filed a motion for judgment on the pleadings and the defendant a motion to dismiss, both of which would be satisfied by a ruling on the merits. In addition, the defendant moves to dismiss for failure to join the Grand Lodge as a party. The plaintiff denies the necessity of the joinder, but countermoves to join the International Union as a party defendant. Further, the defendant has filed a motion to strike, directed primarily against plaintiff's claim for punitive damages.

CONCLUSIONS

At the outset, it is clear to the court that the problem here is not concerned with Nix's employment or any claim for damages arising from his discharge. Such matter is properly before the NLRB. Plaintiff's case must rest on his rights as a member of the defendant union in order to invoke the jurisdiction of the court under the so-called Landrum-Griffin Act. See Seeley v. Brotherhood of Painters, Decorators, etc., 308 F.2d 52 (5th Cir. 1962). Legally then, the complaint must stand or fall on petitioner's exercise of some right of free speech under 29 U.S.C.A. § 411(a) (2); a violation of that right by the defendants; and damage to his membership status in the union. The eventual discipline complained of was expulsion from membership in the International Union by the trial and vote of the local union. Thus the damage to membership is present.

(a) Of course unions are not prohibited from discharging persons from membership. There are countless reasons, i. e. non-payment of dues, over which the courts rightly have no control. It is only when the expulsion results from an exercise of the "equal rights" or "freedom of speech and assembly" provisions of the "Bill of Rights" as dictated by congressional policy in the Act that the courts should, or ought, to intervene.

Here, the union's primary position is that the utterances here are not within the purview of the act, but are "extra-union" and in the area reserved by Congress to the internal decision of the union itself.

It is apparent to the court that the free speech provisions of the Act are extremely broad. It has been stated that this right of freedom of speech is absolute and is limited only by the two congressional exceptions of reserving to the unions power to enforce reasonable rules (1) as to the responsibility of members toward the organization as an institution and (2) to prevent interference with the union's contractual and legal obligations. 29 U.S.C.A. § 411(a) (2); Salzhandler v. Caputo, 316 F.2d 445 (2nd Cir. 1963), cert. den. 375 U.S. 946, 84 S.Ct. 344, 11 L.Ed.2d 275. It has followed that a...

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    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
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    ...effort to discharge their duties, they will not be held individually liable in damages. White, supra at 126; Nix v. Fulton Lodge No. 2, 262 F.Supp. 1000, 1008 (N.D. Ga.1967), aff'd in part, 415 F.2d 212 (5th Cir. Without a detailed review of plaintiff's assertions regarding the motivations ......
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    ...enjoining Nix's expulsion from the Union and Lodge and any further interference with the exercise of free speech, Nix v. Fulton Lodge No. 2, IAM, 262 F.Supp. 1000 (N.D.Ga.1967), was affirmed in part 1 by this court. 415 F.2d 212 (5th Cir. At this point, Nix sought to gain reinstatement as a......
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