Retail Clerks Union, Local 648 v. Retail Clerks Int. Ass'n
Decision Date | 11 April 1969 |
Docket Number | Civ. A. No. 1322-68. |
Citation | 299 F. Supp. 1012 |
Parties | RETAIL CLERKS UNION, LOCAL 648, et al., Plaintiffs, v. RETAIL CLERKS INTERNATIONAL ASSOCIATION et al., Defendants. |
Court | U.S. District Court — District of Columbia |
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Mozart G. Ratner, Sidney Dickstein, George Kaufmann, Washington, D. C., for plaintiffs.
S. G. Lippman, Donald Grody, George Murphy, Jon Flinker, Carl Taylor, Washington, D. C., for defendants.
The Retail Clerks International Association (RCIA), an international union with some 600,000 members, and certain of its principal officers are defendants named in an Amended Complaint filed by certain members and locals of the Union alleging violations of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), 29 U.S.C. § 401 et seq. The jurisdiction of the Court is invoked under Title I, Title V and Title VI of that Act. After several pretrials narrowing the issues and a determination that good cause existed for filing the Amended Complaint under Title V, testimony was taken and depositions filed. Briefs were exchanged and full argument had on the record thus made.
This cause of action is pressed following the RCIA's first contested election since 1944. That election, held in June 1968, resulted in a victory for the administration slate and the defeat of challengers who were members of the Reformation, Revitalization, Reconstruction (RRR) slate. The validity of this election is not before the Court, but was questioned in a complaint filed on behalf of the defeated candidates under Title IV of the LMRDA with the Secretary of Labor. The Secretary's jurisdiction with respect to setting aside the election is exclusive, Calhoon v. Harvey, 379 U.S. 134, 85 S.Ct. 292, 13 L.Ed.2d 190 (1964), and the Court has no jurisdiction in this action to inquire into and does not undertake to inquire into the validity of the election.1
The Amended Complaint alleges that two former Vice Presidents of the Union, John T. Haletsky and Charles J. Kelleher, were discharged as Organizing Directors in retaliation for their unsuccessful political opposition to the administration slate after they had run for Union office in the 1968 contested election. It is further alleged that RCIA and certain key officers of the Union have, since the contested election, improperly used their authority by attempting to suppress an organization known as the Committee for a Democratic Election (CFDE), which is responsible for the prosecution of this lawsuit and which is seeking, in the other proceedings mentioned, to set aside the results of the contested election. Finally, it is alleged that the long-time President of RCIA, James A. Suffridge, now President Emeritus, was ineligible to serve in those offices and that his acceptance of such offices and their financial rewards constitutes a breach of trust within the meaning of the LMRDA.
The provisions of the Act are manifest, its reach is extensive and the obligation of the Federal Courts to carry forward the sound underlying congressional mandate is beyond dispute.
The Court first considers the issue as to the discharges of Haletsky and Kelleher, who were employed by RCIA as Organizing Directors. It is contended these discharges were in retribution for their participation as leading figures in the election contest which challenged the long-established management of RCIA.
Haletsky and Kelleher had each had a long experience in the Union. As Organizing Directors they were each responsible for Union activities in major sectors of the country. Both of these men had performed their duties as Organizing Directors in full conformity with Union policies. Indeed, they had been made Vice Presidents in recognition of their competent service. Nonetheless, they were each discharged as Organizing Directors soon after the ballots had been counted and their defeat as members of the opposition slate announced. Haletsky had been a candidate for President and Kelleher for Vice President. The election contest had been intense and many charges involving personalities and policies were made back and forth in the course of the campaign.
Haletsky and Kelleher received notice of discharge in identical form by separate letters dated August 16, 1968. The letter to Haletsky read as follows:
No alternative employment of any kind elsewhere in RCIA was offered or suggested to either man. No reason for discharge was given Haletsky or Kelleher either before or at the time of the transmittal of the formal uninformative discharge letters. This course of events occurred despite the fact that Haletsky had been an employee of the International for over three years and Kelleher for over sixteen years and both had competently and faithfully performed their respective duties as Organizing Directors.
An RCIA Vice President receives no compensation merely because he is a Vice President. Under the provisions of the Constitution of the Union, a Vice President is compensated only for duties he performs in other capacities.2 An Organizing Director receives a substantial salary as well as substantial responsibility. Paid jobs were undoubtedly desired for the new Vice Presidents elected on the administration slate. The discharges opened two positions as Organizing Directors for successful vice presidential candidates.
The decision to discharge was made by James T. Housewright, a former Vice President, who was the successful candidate for President on the administration ticket. He defeated Haletsky. Housewright testified that the decision to discharge developed in his mind during the course of the campaign and was made for the following reasons:
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