Perez v. Branch 504, Nat'l Ass'n of Letter Carriers
| Decision Date | 22 March 2016 |
| Docket Number | No. CIV 15-391 WJ/KK,CIV 15-391 WJ/KK |
| Parties | THOMAS E. PEREZ, Secretary of Labor, United States Department of Labor, Plaintiff, v. BRANCH 504, NATIONAL ASSOCIATION OF LETTER CARRIERS, Defendant. |
| Court | U.S. District Court — District of New Mexico |
THIS MATTER comes before the Court upon the following motions: Plaintiff's Motion for Partial Summary Judgment, filed October 30, 2015 (Doc. 22) and Defendant's Cross-Motion for Partial Summary Judgment, filed December 7, 2015 (Doc. 32). Having reviewed the parties' written submissions and the applicable law, the Court has determined that Plaintiff's motion shall be granted on all issues raised and that Defendant's motion shall be denied on all issues raised (exhaustion, notice and eligibility/disqualification).
This action alleges that Branch 504 of the National Association of Letter Carriers ("Branch 504" or "union" or "Defendant") violated sections 401(c) and (e) of Title IV of the Labor-Management Reporting and Disclosure Act ("LMRDA"), 29 U.S.C. § 481(c), (e), in its regular periodic election of officers on November 19, 2014.1 The Department of Labor ("DOL"or "Plaintiff") contends that Branch 504 failed to provide notice of the election in violation of § 401(e) and that it ruled an eligible candidate ineligible to be elected to office in violation of § 401(e). The candidate in this case who was allegedly ruled ineligible for branch office, and who filed the complaint with the Department of Labor ("DOL") is Angel Martinez ("Martinez" or "Complainant Martinez"). The complaint seeks an order setting aside the November 2014 election for president, vice president, recording secretary, treasurer, sergeant at arms, and trustee (five positions) and requiring a new election to be conducted for those offices under the Secretary's supervision. Plaintiff contends that Branch 504 violated 29 U.S.C. §481(e) of the LMRDA by failing to provide adequate notice about the election, and by denying Martinez the right to be a candidate and run for office because of criminal charges and other alleged actions that Defendant believed jeopardized its liquor license for the bar it operates.
Branch 504 of NALC is a labor organization engaged in an industry affecting commerce within the meaning of §§3(i), 3(j), and 401(b) of the LMRDA, 29 U.S.C. §§402(i), 402(j) and 481(b). Branch 504 conducted an election of officers on November 19, 20214 and that election was subject to the provisions of Title IV of the LMRDA. Of the approximately 680 eligible voters, 179 members voted. At all relevant times, Martinez was a member in good standing of Branch 504. He filed a complaint about Branch 504's November 19, 2014 election with the Department of Labor on March 9, 2015.
The multistep procedure for protesting Branch 504 elections is set forth in the NALC Regulations Governing Branch Election Procedures ("RGBEP" or "Regulations"). On October 21, 2014, Branch 504 President David Pratt issued an announcement of the election committee members, which included a notice stating that "[a]ny requests or correspondences are to be directed to the Election Committee" at a designated post office box.3 The RGBEP requires that the initial protest be "mailed to the Chairperson of the Branch Election Committee within five (5) days after the date of the election." On November 24, 2014, Branch 504 members Angel Martinez, Dee Dee Molina, Martin "Mo" Molina, and Marie Montano ("complainants") mailed a packet containing a protest letter and supporting materials, addressed to the attention of Branch 504 Election Committee Chair John Trujillo. The complainants' protest letter bore the election committee's post office box address, but the complainants sent the packet to the branch office's physical address instead of the election committee's designated post office box. Pratt received and signed for the packet on November 25, 2014. The election committee received the packet on November 29, 2014. The RGBEP requires the election committee to respond to an initial election protest in writing within thirty days.
The election committee denied the complainants' protest as untimely by letter postmarked December 27, 2014. The letter stated that the complainants had violated the NALC RGBEP by mailing their protest to the branch office instead of to the election committee. After reiterating that it was not waiving its timeliness claim, the election committee considered and rejected the complainants' protests.
The RGBEP provides that the election committee's decision may be appealed to the branch executive board within five days of the election committee's decision. Martinez and the other complainants submitted an appeal dated December 29, 2014, to the Branch 504 executive board. The RGBEP requires the branch executive board to respond to the appeal in writing within thirty days. By letter dated January 27, 2015, the Branch 504 executive board responded that there had been no timely appeal because "[n]o appeal was ever sent to the Branch Election Committee Chairperson"; rather, the complainants had sent "a packet of what appears to be concerns to the NALC Branch office." The board declined to address the merits of the complainants' appeal but stated that it agreed with the election committee that "none of your concerns would have affected the outcome of the election." The branch executive board's decision was certified as delivered on February 6, 2015.
The RGBEP provides that the branch executive board's ruling may be appealed to the branch's next scheduled meeting by notifying the branch recording secretary of the intention to appeal to the branch membership within five days of receiving the branch executive board's ruling. Martinez and the other complainants submitted an appeal to the branch recording secretary by letter dated February 7, 2015. Election Committee Chair Trujillo received and signed for the delivery of the appeal to the branch membership on February 9, 2015. The appeal by Martinez and his fellow complainants was not read for decision by the membership at the next branch membership meeting on February 18, 2015. Defendant does not dispute the facts regarding an appeal from the branch executive board based as to the actions taken by the complainants. However, they disagree on whether those actions satisfied RGBEP requirements at this level of the process. Plaintiff points out that the RGBEP requires that "[m]embers present at the next scheduled meeting of the branch must decide the merits of the appeal" and that "[a]t theregular meeting of the branch following receipt of the appeal, the Recording Secretary must present the appeal and all attached written materials to the members present at the meeting." Pltff's Fact 26. The Branch must then prepare its written reply within twenty days.
Defendant maintains that Plaintiff is incorrect in relying §§ 21.4 and 21.41 of the RGBEP because those provisions concern the subsequent level in the appeals process to the NALC National Committee of Appeals rather than an appeal from the branch executive board. Plaintiff appears to concede this particular issue by not disputing Defendant's contention that the governing provision for this level of the internal appeals process is §21.3, and not §21.4 or §21.41. See Pltff's Ex. 4, Doc. 23-10 at 1. Thus, there are no factual disputes regarding what actions were taken by the complainant at this part of the appeal, although the parties disagree on whether complainants exhausted the appeals process based on the relevant Regulations.
The RGBEP provides that the decision of the branch meeting may be appealed to the NALC National Committee on Appeals by filing the appeal with the branch recording secretary within twenty days of the date of the branch decision. Martinez and the other complainants appealed to the NALC National Committee on Appeals by submitting an appeal to the branch recording secretary by letter dated March 5, 2015. Branch Recording Secretary Valerie Chacon received and signed for the delivery of the appeal to the NALC National Committee on Appeals on March 19, 2015. Martinez filed a complaint with the Department of Labor on March 9, 2015.
Branch 504 mailed two combined nomination and election notices to its membership by publishing them in union newsletters.
Branch 504 published the first combined nomination and election notice in the July-August 2014 issue of its newsletter, El Sol. The first election notice appeared on page 7 of El Sol under the heading "Nomination of Branch Officers." In Fact 35, Plaintiff states that the cover of the July-August 2014 issue of El Sol contained no reference to the election notice on page 7. Defendant contends that this fact is incomplete and misleading because the newsletter is folded in half and sealed before mailing and thus what appears to be on page 7 is actually the first thing someone would see when opening the newsletter from the addressee side of the mailing.
The first election notice read in its entirety as follows:
In accordance With Article 5 of the National Constitution and the Branch Bylaws, this is official notice to all members of Branch 504 that nominations for the office of President, Vice president, Secretary, Treasurer, Health Benefits Rep, Sergeant-at-arms and five Trustees will be held at the regular Branch Meeting, September 17, 2014. Those wishing to be nominated must accept their nomination in person or must submit their willingness to be nominated in writing to the Branch Secretary, attesting that they have not held a supervisory position for two years, prior to the September Meeting. If necessary, the election will be held on November 19, 2014 prior to the Regular November Branch Meeting.
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