Rodriguez v. Serv. Employees Int'l

• Decision Date: 23 November 2010
• Docket Number: No. C–10–01377 JCS.,C–10–01377 JCS.
• Citation: 755 F.Supp.2d 1033
• Parties: Maxima C. RODRIGUEZ, et al., Plaintiffs,v.SERVICE EMPLOYEES INTERNATIONAL, et al., Defendants.
• Court: U.S. District Court — Northern District of California

755 F.Supp.2d 1033

Maxima C. RODRIGUEZ, et al., Plaintiffs,

v.SERVICE EMPLOYEES INTERNATIONAL, et al., Defendants.

No. C–10–01377 JCS.

United States District Court, N.D. California.

Nov. 23, 2010.

Arlo Garcia Uriarte, Liberation Law Group, P.C., San Francisco, CA, for Plaintiffs.Daniel Mark Siegel, Peter Alex Haberfeld, Siegel & Yee, Oakland, CA, for Defendants.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS FIRST AMENDED COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION (FRCP 12(b)(1)) AND FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED (FRCP 12(b)(6)), AND IN THE ALTERNATIVE, MOTION FOR A MORE DEFINITE STATEMENT (FRCP 12(e)) [Docket No. 56]

JOSEPH C. SPERO, United States Magistrate Judge.I. INTRODUCTION

Plaintiffs in this action are union members who assert claims under the Labor Management Relations Disclosure Act (“LMRDA”) based on alleged impropriety by Defendant Service Employees International Union Local 87 (“Local 87”) and several individual officers of the Local 87 in connection with ratification of a collective bargaining agreement. The parties have consented to the jurisdiction of a magistrate judge, pursuant to 28 U.S.C. § 636(c). Defendant Local 87 brings a Motion to Dismiss First Amended Complaint for Lack of Subject Matter Jurisdiction (FRCP 12(b)(1)) and Failure to State a Claim upon Which Relief Can Be Granted (FRCP 12(b)(6)), and in the Alternative, Motion for a More Definite Statement (FRCP 12(e)) (hereinafter, “Motion” or “Motion to Dismiss”). The Court finds that the Motion is suitable for determination without oral argument, pursuant to Civil Local Rule 7–1(b). Accordingly, the motion hearing scheduled for December 3, 2010 is vacated. The cases management conference scheduled for the same date at 9:30 a.m. shall be moved to the afternoon calendar, at 1:30 p.m. For the reasons stated below, the Motion is GRANTED in part and DENIED in part.

II. BACKGROUNDA. Procedural Background

In their original complaint, filed April 1, 2010, Plaintiffs asserted claims under the Labor Management Reporting and Disclosure Act (“LMRDA”), 29 U.S.C. § 401 et seq., against Local 87, several individual officers of Local 87 and the Service Employees International Union (“the International Union”). The International Union filed a motion to dismiss [docket no. 23], which was withdrawn after Plaintiffs voluntarily dismissed their claims against it. The Local 87 and individual officers also filed a motion to dismiss [docket no. 22], as well as a motion for sanctions.

On August 16, 2010, Plaintiffs filed a First Amended Complaint. In response, the Local 87 and individual officers withdrew their motion to dismiss. They did not, however, withdraw the sanctions motion, arguing in their reply brief that the First Amended Complaint, like the original complaint, asserts baseless claims against them. The Court denied the sanctions motion without prejudice on the basis that it was premature [docket no. 54]. Subsequently, Defendant Local 87—the only remaining defendant in the First Amended Complaint—brought the instant Motion to Dismiss [docket no. 56].

B. First Amended Complaint

Plaintiffs allege that they are members of Local 87. First Amended Complaint (“FAC”), ¶¶ 1–6. Local 87 is a labor organization representing employees engaged in janitorial work in San Francisco's high rise buildings. Id., ¶ 11. In October 2008, Local 87 entered into a collective bargaining agreement (“CBA”) with the San Francisco Maintenance Contractors Association (“SFMCA”). Id., ¶¶ 22–23. The effective date of the CBA was November 24, 2008 and it is to expire on July 31, 2012. Id., ¶ 23. A vote on the CBA by Local 87 members took place on October 25, 2008. Id.

Plaintiffs allege in the FAC that numerous improprieties occurred in connection with the vote on the CBA, and that union officers Olga Miranda, Ahmed Abozayd and Hung Chi Szeto “engaged in intimidation, misinformation, lack of information, stuffing of ballots and conspiracy to ratify the new CBA.” Id., ¶ 24. In particular, Plaintiffs allege the following wrongful conduct:

• prior to the vote, the Union leadership intentionally “control[led] the dissemination of information and participation” by informing only members who supported the CBA of its contents while purposely failing to provide copies of the CBA and denying Spanish language copies of the CBA to Plaintiffs because they were perceived to oppose it. Id., ¶¶ 25–29.

• no real effort was made to inform members that a ratification vote was to be held on October 25, 2008 and there was a clear effort not to inform members who were perceived as opposing the CBA of the vote; as a result, many members, including Plaintiff Suarez, did not know the vote was going to occur and only 20% of the membership appeared for the vote. Id., ¶ ¶ 30, 41.

• the ratification vote required the membership to choose “between a ‘Yes' vote or a ‘No’ vote that also meant a strike [whereas] [i]t should have been a choice between ‘Yes' to the contract and ‘No’ only.” Id., ¶ 31. This was allegedly intended to mislead the membership and deprived members of the opportunity to vote against the CBA. Id.

• Plaintiffs and other witnesses saw ballot boxes being stuffed, with some people who voted on October 25, 2008 being given more than one ballot, leading them to believe that these individuals voted twice. Id., ¶ 32.

• At the October 25, 2008 ratification vote, Plaintiffs and others who wished to asked questions about the CBA were not given an opportunity to do so; those who were perceived to be opposed were not given a microphone or were removed from the proceedings. Id., ¶ 33. For example, Plaintiff Rodriguez was physically removed from the assembly and therefore was not given the opportunity to vote. Id., ¶ 34. Plaintiffs Azevedo, Martinez and Garcia did not vote because they had not received sufficient information about the CBA to make a meaningful choice. Id., ¶¶ 35–36, 38.

• Plaintiff Loaiza, a member of the Local 87, went to vote but was told she could not enter the proceedings because she was not in “good standing” and did not have a California ID. Id., ¶ 37.

According to Plaintiffs, the Local 87 executed the CBA despite knowledge of these improprieties. Id., ¶ 40. As a result of the CBA, Plaintiffs' healthcare coverage and benefits have been affected. Id., 42. After the CBA was ratified, Plaintiffs continued to request copies of the CBA in Spanish but Local 87 “decided not to immediately make Spanish language versions of the new CBA [available] in its continued attempt to misinform and provide less information to certain members of the local union.” Id., ¶ 44. In contrast, Plaintiffs allege, “[a]ll prior CBA's were immediately available in several languages after their ratification.” Id.

On May 18, 2009, Plaintiffs filed a request to have their grievances exhausted by an internal procedure. Id., ¶ 45. Plaintiffs requested that union officials Olga Miranda, Ahmed Abozayd and Hung Chi Szeto be removed from office and that a new ratification vote be held on the CBA. Id., ¶ 45. Proceedings were held on June 11, 2009, July 15, 2009, August 6, 2009 and August 26, 2009. Id., ¶ 46. Despite Plaintiffs' repeated requests for a decision, the executive board did not publish a written decision until June 2010, after Plaintiff filed their original complaint in this action. Id. The decision denied Plaintiffs' claims and found no wrongdoing on the part of the union officers. Id.

Plaintiffs allege that they have been subjected to various forms of retaliation for their actions relating to the ratification of the CBA. Id., ¶¶ 47–49. For example, at a November 14, 2009 meeting of Local 87, members allegedly were told that dues would be increased because Plaintiffs' actions had given rise to a “financial deficit.” Id., ¶ 47. In addition, Plaintiff Loaiza allegedly lost the job that she had held since 1991 due to retaliation for Plaintiffs' actions. Id., ¶ 48. Plaintiffs further allege that Plaintiff Loaiza has been subject to intimidation by union members loyal to Olga Miranda and that between June 2009 and August 2010, she has been yelled at and physically threatened by members of Local 87 acting on behalf of Olga Miranda. Id., ¶ 49. In addition, allegedly Olga Miranda has been falsely stating to union members that Plaintiffs are seeking compensation from Local 87 in the amount of $250,000.00 each. Id., ¶ 49.

On the basis of these factual allegations, Plaintiffs allege that Defendant has denied them the following rights: 1) “equal rights and privileges ...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,” in violation of 29 U.S.C. § 411(a)(1); and 2) the right of all union members to “meet and assemble freely with other members ... and to express at meetings of the labor organization his views ...upon any business properly before the meeting, subject to the organization's established and reasonable rules pertaining to the conduct of meetings,” in violation of 29 U.S.C. § 411(a)(2). Plaintiffs further cite to 29 U.S.C. § 412, which permits individuals whose rights have been infringed to bring an enforcement action for appropriate relief, including injunction. Finally, Plaintiffs invoke 29 U.S.C. § 529, which makes it illegal for a union to discipline a member for exercising rights protected under 29 U.S.C. §§ 401 et seq., and 29 U.S.C. § 530, which makes it unlawful for any person, through force or threat of force, to “intimidate any member of a labor organization for the purpose of interfering with or preventing the exercise of any right to which he is entitled under the provisions of” 29 U.S.C. §§ 401 et seq.

In their prayer for relief, Plaintiffs ask the Court to invalidate the collective bargaining...