U.S. v. International Broth. of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO
| Decision Date | 22 January 1992 |
| Docket Number | No. 797,AFL-CIO,D,797 |
| Citation | 954 F.2d 801 |
| Parties | 139 L.R.R.M. (BNA) 2646, 122 Lab.Cas. P 10,228 UNITED STATES of America, Plaintiff-Appellee, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA,, the Commission of La Cosa Nostra, Anthony Salerno, also known as Fat Tony, Matthew Ianniello, also known as Matty the Horse, Anthony Provenzano, also known as Tony Pro, Nunzio Provenzano, also known as Nunzi Pro, Anthony Corallo, also known as Tony Ducks, Salvatore Santoro, Christopher Furnari, Sr., also known as Christie Tick, Frank Manzo, Carmine Persico, also known as Junior, also known as The Snake, Gennaro Langella, also known as Gerry Lang, Philip Rastelli, also known as Rusty, Nicholas Marangello, also known as Nicky Glasses, Joseph Massino, also known as Joey Messina, Anthony Ficarotta, also known as Figgy, Eugene Boffa, Sr., Francis Sheeran, Milton Rockman, also known as Maishe, John Tronolone, also known as Peanuts, Joseph John Aiuppa, also known as Joey O'Brien, also known as Joe Doves, also known as Joey Aiuppa, John Phillip Cerone, also known as Jackie the Lackie, also known as Jackie Cerone, Joseph Lombardo, also known as Joey the Clown, Angelo Lapietra, also known as Nutcracker, Frank Balistrieri, also known as Mr. B., Carl Angelo DeLuna, also known as Toughy, Carl Civella, also known as Corky, Anthony Thomas Civella, also known as Tony Ripe, General Executive Board, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Jackie Presser, General President, Weldon Mathis, General Secretary-Treasurer, Joseph Trerotola, also known as Joe T, First Vice President, Robert Holmes, Sr., Second Vice President, William J. McCarthy, Third Vice President, Joseph W. Morgan, Fourth Vice President, Edward M. Lawson, Fifth Vice President, Arnold Weinmeister, Sixth Vice President, John H. Cleveland, Seventh Vice President, Maurice R. Schurr, Eighth Vice President, Donald Peters, Ninth Vice President, Walter J. Shea, Tenth Vice President, Harold Friedman |
| Court | U.S. Court of Appeals — Second Circuit |
Robert J. Bray, Jr., Blue Bell, Pa. (Henry F. Siedzikowski, Elliot Bray & Riley, Blue Bell, Pa., Robert J. Zastrow, Stroock & Stroock & Lavan, New York City, of counsel), for appellant.
Edward T. Ferguson, III, Asst. U.S. Atty. (Otto G. Obermaier, U.S. Atty. S.D.N.Y., Richard W. Mark, Asst. U.S. Atty., of counsel), New York City, for plaintiff-appellee.
Before TIMBERS, PIERCE and WALKER, Circuit Judges.
Star Market Company (Star Market) appeals from an order of the United States District Court for the Southern District of New York, David N. Edelstein, Judge, entered on October 29, 1991. 776 F.Supp. 144. That order directed Star Market to comply with the decision of an Independent Administrator, itself affirming the decision of an Election Officer, both officers having been appointed pursuant to a consent decree (Consent Decree) relating to the affairs of defendant International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO (IBT). The order required Star Market to reinstate a union employee whom it had dismissed allegedly for "stealing company time."
Star Market argues that the reinstatement proceedings conducted by the Consent Decree Officers, and enforcement hearing held in the district court, ran afoul of constitutional due process requirements. Star Market further contends that the district court's enforcement of the Officers' reinstatement order effectively reversed a binding arbitration award in violation of federal labor law. Because we find no merit in either argument, we affirm the district court's order in its entirety.
This appeal joins the ranks of what has now become a legion of cases arising out of the government's enforcement of the Consent Decree entered into on March 14, 1989 by the United States Government and the IBT. The Consent Decree was a critical part of the settlement of the government's civil RICO action, see Racketeer Influenced and Corrupt Organizations Act of 1970, 18 U.S.C.A. §§ 1961-1968 (1984 & Supp.1991), brought in 1988 in an effort to rid the IBT of its domination by organized crime. The Consent Decree instituted sweeping structural reforms of the IBT's electoral and disciplinary processes. Its "central purpose" is to insure "[t]he fair and open conduct of the 1991 IBT election," U.S. v. IBT (Yellow Freight), 948 F.2d 98, 100 (2d Cir.1991) as a means of freeing IBT's General Executive Board from the grip of La Cosa Nostra. The decree authorized the appointment of three court officers to oversee certain aspects of the IBT's affairs: an Election Officer (EO), an Investigations Officer, and an Independent Administrator (IA). The officials' particular functions have been discussed in previous opinions of this Court and will not be elaborated upon here. See generally, United States v. IBT, 905 F.2d 610, 613 (2d Cir.1990). It suffices to state that they have been charged with implementing the free and fair election of the IBT's governing officials, and that the district court has exclusive jurisdiction to "decide any issues relating to the actions or authority of the [Independent] Administrator." Id.
The facts relevant to our review of the present controversy are largely set forth in the district court's opinion and order in United States v. IBT, 776 F.Supp. 144 (S.D.N.Y.1991). We need only summarize them here. Other facts are ascertainable from the record on appeal, including letters between the parties, the decisions of the labor arbitrator, the EO and the IA.
On May 13, 1991, Star Market terminated Neal J. Henderson, a union steward, from his employment with the company. At the time he was fired, Henderson had been employed by the Star Market supermarket Henderson claims that the true reason for his termination was to retaliate against him for his union election activities. In the most recent election held by his Teamster local, IBT Local 25 (Local 25), Henderson had opposed the slate of powerful incumbents, successfully campaigned for an insurgent slate of candidates, and was himself elected as a Local 25 delegate to the International Union convention. In response to these activities, Star Market supervisors made disparaging comments to Henderson regarding his candidacy for delegate, as well as his support for the opposition slate. Henderson contends that Star Market's negative reaction to his involvement in union politics culminated in his being fired.
chain for fourteen years, and was working as a warehouseman in the perishables department of one of the company's Boston-area facilities. Star Market's stated reason for terminating Henderson was that, on May 2, Henderson had "stolen company time" by leaving his assigned facility before his pre-shift overtime period had ended. Henderson admits leaving his post 25 minutes early on May 2 in order to purchase cold medicine and something to eat, as well as to conduct some union business before beginning his next shift. He argues, however, that it was common practice for Star Market employees who were working pre-shift overtime to take an early break if their work was complete
After being dismissed from his job, Henderson filed a grievance pursuant to the collective bargaining agreement (CBA) between Local 25 and Star Market, claiming, inter alia, that his discharge was politically motivated. He also filed a protest with the EO alleging that the retaliatory nature of his dismissal violated the Election Rules promulgated under the Consent Decree. The EO deferred decision on Henderson's protest until the contractual grievance process had culminated in a decision, but notified the parties that his investigation would proceed. The EO also advised the parties that he would not be bound by any decision reached in the grievance proceedings conducted pursuant to the CBA.
The CBA's grievance procedure provided for a two-step review. The first step consisted of a joint grievance panel comprised equally of union and employer panelists. If the panel was unable to reach a consensus, the second step was for the grievance to be submitted to binding arbitration before an independent arbitrator. Henderson advised the EO of his concern that he would not receive fair treatment from the grievance panel because a powerful incumbent union official, opposed by Henderson, controlled the selection of the union panelists. The EO advised Star Market of Henderson's concern and noted that the EO's review of the Election Rule protest would also include a review of the grievance process itself and the union's representation of Henderson in that process.
On May 22, 1991, the joint grievance panel deadlocked on Henderson's grievance, and the matter went to arbitration. On June 12, 1991, an arbitrator held a hearing on Henderson's grievance. On June 17, relying exclusively upon the provision of the CBA entitled, "Breaks and Free Time," the arbitrator found Henderson's discharge to be justified. Although Henderson argued that he was a victim of retaliation, the arbitrator did not address the issue.
Thereafter, the EO completed his own investigation of Henderson's protest. The investigation revealed that Star Market's dismissal of Henderson was a disproportionately severe sanction as compared to those imposed for similar offenses by other employees. Other shift-break infractions of an equal magnitude had resulted in company discipline ranging from no sanctions whatsoever to verbal warnings. Indeed, in one case where an...
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US v. INTERNATIONAL BROTH. OF TEAMSTERS, No. 88 CIV. 4486 (DNE).
...slip op. at 4-5, 1991 WL 243268 (S.D.N.Y.1991); October 29, 1991 Opinion & Order, 776 F.Supp. 144, 152-53 (S.D.N.Y.1991), aff'd, 954 F.2d 801 (2d Cir.), cert. denied, ___ U.S. ___, 112 S.Ct. 2993, 120 L.Ed.2d 870 (1992); October 25, 1991, Order, slip op. at 4-5 (S.D.N.Y.1991); October 24, 1......
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US v. INTERNATIONAL BROTH. OF TEAMSTERS
...& Order, slip op., 1991 WL 243268 (S.D.N.Y.1991); October 29, 1991 Opinion & Order, 776 F.Supp. 144 (S.D.N.Y.1991), aff'd, 954 F.2d 801 (2d Cir.1992), cert. denied, ___ U.S. ___, 112 S.Ct. 2993, 120 L.Ed.2d 870 (1992); October 25, 1991 Order, slip op. (S.D.N.Y.1991); October 24, 1991 Memora......
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US v. INTERNATIONAL BROTH. OF TEAMSTERS, 88 CIV. 4486 (DNE).
...slip op. at 4-5, 1991 WL 243268 (S.D.N.Y.1991); October 29, 1991 Opinion & Order, 776 F.Supp. 144, 152-53 (S.D.N.Y.1991), aff'd, 954 F.2d 801 (2d Cir.), cert. denied, ___ U.S. ___, 112 S.Ct. 2993, 120 L.Ed.2d 870 (1992); October 25, 1991, Order, slip op. at 4-5 (S.D.N.Y.1991); October 24, 1......
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US v. INTERNATIONAL BROTH. OF TEAMSTERS, 88 Civ. 4486 (DNE).
... 838 F. Supp. 800 ... UNITED STATES of America, Plaintiff, ... INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL-CIO, et al., Defendants ... ...