Vars v. INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, ETC.

CourtUnited States District Courts. 2nd Circuit. United States District Court (Connecticut)
Citation215 F. Supp. 943
Docket NumberCiv. A. No. 9044.
PartiesArthur VARS, Sr., Plaintiff, v. INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIPBUILDERS, BLACKSMITHS, FORGERS AND HELPERS, Defendant.
Decision Date29 March 1963

Matthew Shafner, Smeraldi & Shafner, New London, Conn., for plaintiff.

Sabino P. Tamborra, Marvin M. Horwitz, Conway, Horwitz & Tamborra, Norwich, Conn., for defendant.

CLARIE, District Judge.

This action originally embodied three counts and was instituted pursuant to the authority of the Labor-Management Reporting and Disclosure Act of 1959, Title 29 U.S.C.A. §§ 411, 412, 413, 461, 462, 464 and 466. The defendant is a labor organization within the meaning of said Act composed of local subordinate lodges.

The first count sought an injunction ordering the defendant to restore the plaintiff to membership in the International Union and its Local #614 and in addition, claimed money damages incurred in the protection of his rights; the second count requested the removal of the trusteeship of the local union, alleged to have been wrongfully and illegally imposed; and the third count petitioned the Court to reinstate the plaintiff as the lawful incumbent president of the local union and to enjoin unlawful interference by the defendant. At the trial only the first count remained to be adjudicated. The second count had become moot by reason of the termination of the trusteeship, and the third count had been dismissed for lack of jurisdiction. Vars v. International Bros. of Boilermakers, Etc., D.C., 204 F.Supp. 245, 248.

The plaintiff, Arthur Vars, Sr., has been an employee of the Electric Boat Division of General Dynamics Corporation since June 1950 and a member in good standing in the defendant union from 1951 until his expulsion in October 1961. At the time of the imposition of the trusteeship, he was serving as the president of Local Lodge #614.

The Local Lodge was trusteed by the International Union and immediately thereafter steps were taken by the new trustee to remove the plaintiff on charges of malfeasance in office. Charges were filed in accordance with the procedures of Article XXI, Section 2 of the Constitution of the defendant International as adopted at its convention held in May 1961.

By a verified complaint (plaintiff's Exhibit "D") dated September 14, 1961, the trustee charged in a letter to the International President, that the plaintiff had engaged in certain specified activities in violation of the International's Constitution and the by-laws of Local Lodge #614. The International President by letter sent certified airmail, return receipt requested and postmarked September 19, 1961, Kansas City, Kansas, notified the plaintiff that charges had been filed against him; a notarized copy thereof was enclosed,1 and notice of a hearing to be held on said charges on Friday, October 6, 1961 at 10:00 A.M. at the office of the Local Lodge. This notice was received by Vars on September 22, 1961. Pursuant to Article XXI, Section 4(a), an international vice-president was designated to conduct the hearing and take evidence.

At the appointed time, the hearing was convened and a stenographic transcript was made (plaintiff's Exhibit "F-1") which the plaintiff claims was not complete. The hearing was open to all members and several attended as observers. The plaintiff was advised that he was entitled to have a fellow union member assist him as counsel. Plaintiff waived this right. He objected to the hearing because of untimely and improper notice; and requested more time to prepare a proper defense and procure witnesses. His objections were overruled by the hearing officer and the trial proceeded. The plaintiff participated in the hearing, cross-examined witnesses, and presented evidence.

At the conclusion of the trial, the hearing officer reported his findings and conclusions as to plaintiff's guilt on each count to the International Executive Council, together with a transcript of the record made at the hearing. On October 23, 1961, the plaintiff received notice of the findings and conclusions of the hearing officer (plaintiff's Exhibit "T") and that the International Executive Council had voted to sustain his findings and to adopt his recommendation, namely, that the plaintiff be expelled from membership in the International and the Local Union.

The findings on all three separate charges were sustained by the Executive Council of the International. Defendant's counsel at this trial conceded that the evidence on the third count did not sustain a finding of guilty as charged. This third count charged that the plaintiff wilfully maintained and displayed religious articles in the Local Lodge's office contrary to the provisions of Article XXIII, Section 1 of the International Constitution. This article does not prohibit such conduct, but provides:

"All religious and partisan political discussions shall be strictly prohibited and excluded from the proceedings of the International Brotherhood and its subordinate bodies."

No evidence appears in the record that the plaintiff discussed or caused to be discussed anything of a religious nature during Union proceedings. A finding of guilt on this charge by the Executive Council was unfounded and is hereby set aside as a matter of law.

The first charge alleged: "That the said Art Vars, on or about August 28, 1961 and at various times thereafter, caused to be circulated to the membership of Local Lodge 614 certain material containing false and erroneous information, said false and erroneous information being detrimental to the welfare and best interest of the International Brotherhood and Local Lodge 614, all of said conduct being in violation of Article XXI, Section 1(d) of the International Constitution2 and Article XII, Section 2 of the By-Laws of Local Lodge 614.3"

The second charge alleged: "That the said Art Vars, from June, 1960, through, to and including August, 1961, violated Article XXI, Section 1(f) of the International Constitution4 and Article XIII, Sections 1 and 2 of the By-Laws of Local Lodge 6145 by willfully and fraudulently submitting false pay and expense claims to Local Lodge 614."

The issues to be determined by the Court at this time are: (1) Did the defendant comply with Section 101(a) (5) of the Bill of Rights of the Labor-Management Reporting and Disclosure Act of 1959, 26 U.S.C.A. § 411(a) (5), by serving the plaintiff with written specific charges, providing him with a reasonable time to prepare his defense and affording him a full and fair hearing. (2) Was the evidence presented at the Union hearing sufficient to sustain the findings and conclusions on the first two charges filed against the plaintiff?

It is the plaintiff's claim that the notice of charges received on September 22, 1961, fourteen (14) days before the October 6, 1961 hearing, did not conform with the notice requirements of Article XXI, Section 2(b) of the International Constitution6 because he was not given fifteen (15) days' notice of the time and place of the hearing and the charges preferred against him. He further contends that the specifications of the charges were not sufficiently clear and specific to adequately acquaint him with the nature of the charges and that he was prejudiced thereby.

He claimed further that he asked for a delay or postponement of the hearing to a later date, so that he might properly prepare his defense and procure witnesses to testify in his behalf. Because this request was denied at the hearing, he claims his rights were prejudiced and he was not thereby afforded a full and fair hearing. The plaintiff further claims that the findings of the Executive Board are a nullity since the trial body failed to make a decision in writing and send him a copy by registered or certified mail within ten (10) days of the trial's conclusion, in violation of Article XXI, Section 4(d).7

"When one becomes a union member, he agrees to be governed by the union constitution by-laws, and rules, not inconsistent with rights and procedures established by the Act; and the constitution and by-laws of the union express the terms of the contract which define the privileges secured and the duties assumed by those who become members." Cleveland Orchestra Com. v. Cleveland Fed. of Musicians, 303 F.2d 229, 230 (6 Cir. 1962). Smith v. General Truck Drivers, Etc. Union Local 467, D.C., 181 F.Supp. 14, 17 (1960); Rizzo v. Ammond, 182 F.Supp. 456, 471 (D.N.J.1960).

In the present case, the International President notified the plaintiff of the charges and the date of the hearing within the 30-day period and he did give seventeen (17) days' notice to the plaintiff of the time of the trial by his having posted said notice, addressed to him, by certified mail, from Kansas City, Kansas.

"Whether the authority springs from common law or custom, from contract or from direction by the notice, from rule of court or of administrative tribunal, or from the sovereign will of the legislature, it is not necessary that a notification authorized to be made by mail be received. Its effectiveness dates from the time of mailing." § 633 "Merrill on Notice". Schlotzhauer v. Central Mutual Ins. Assoc., 233 Mo.App. 1132, 128 S.W. 2d 1061 (1939); The American Workmen v. Night, 202 Ark. 678, 152 S.W.2d 545 (1941).

Therefore, notwithstanding the fact that the plaintiff claimed to have received the notice of the hearing fourteen (14) days prior to the same rather than fifteen (15) days, it is not inconsistent with the provisions of Section 2(a) and 2(b) which sub-sections together establish the terms of the notice contracted for between the Union and its members. It is significant to note that at no time has the plaintiff claimed that the one-day variance in his receipt of the notice actually prejudiced the preparation of his defense.

Another issue raised was that the written charges were not sufficiently specific. For this reason on the day of the hearing, he...

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    ...F. Supp. 719, 727 (E.D. Pa. 1968) (23 days), rev'd on other grounds, 420 F.2d 1157 (3d Cir. 1969); Vars v. Int'l Bhd. of Boilermakers, 215 F. Supp. 943, 947 (D. Conn. 1963) (14 days), aff'd, 320 F.2d 576 (2d Cir. 1963). Thus plaintiffs have failed to state a plausible claim for relief under......
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    ...the expense of conducting litigation even though such costs are only nominal and wholly inadequate." Vars v. International Brotherhood of Boilermakers, 215 F.Supp. 943, 952 (D.Conn.), aff'd, 320 F.2d 576 (2d Cir.1963). Inasmuch as the obvious purpose of imposing litigation costs upon losing......
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