Vars v. INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, ETC.

Citation320 F.2d 576
Decision Date27 June 1963
Docket NumberDocket 28179.,No. 404,404
PartiesArthur VARS, Sr., Plaintiff-Appellee, v. INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIPBUILDERS, BLACKSMITHS, FORGERS & HELPERS, Defendant-Appellant.
CourtUnited States Courts of Appeals. United States Court of Appeals (2nd Circuit)

Ernest Fleischman, Delson & Gordon, New York City, Lewis F. Grayson, General Counsel, Kansas City, Kan. (Ralph P. Katz, New York City, of counsel), for defendant-appellant.

Smeraldi & Shafner, New London, Conn. (Burton H. Hall, New York City, of counsel), for plaintiff-appellee.

Before MOORE, HAYS and MARSHALL, Circuit Judges.

LEONARD P. MOORE, Circuit Judge.

This is an appeal by the International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers & Helpers (hereinafter referred to as the "Union" or "International") from a judgment declaring null and void the action of the Union in expelling the plaintiff, Arthur Vars, Sr., from membership in the Union and enjoining the Union from interfering with or otherwise restricting the plaintiff in the exercise of his rights as a member of the Union.

The plaintiff was a member in good standing of the defendant Union from 1951 until his expulsion in October, 1961, at which time he was serving as president of the Union's Local Lodge 614. The Local was placed under a trusteeship by the International in 1961 and shortly thereafter charges were filed against Vars alleging that (1) he had circulated false and erroneous information detrimental to the Union's welfare; (2) he willfully had submitted false and fraudulent pay and expense claims to Local 614; and (3) he had maintained and displayed religious articles in the Local's office contrary to provisions of the International Constitution. Vars was given notice of the charges, was present and participated in a hearing convened pursuant to the International Constitution, was ultimately found guilty of all charges and was expelled from membership in both the Local and the International.

Vars then filed an action in the district court under the Labor-Management Reporting and Disclosure Act, 29 U.S. C.A. §§ 411, 412, 413, 461, 462, 464 and 466. His complaint embodied three claims. The first sought an injunction in effect restoring him to membership in the Union and damages incurred in the protection of his rights; the second requested the removal of the trusteeship alleged to have been wrongfully and illegally imposed; and the third prayed for his reinstatement as president of the Local. At the time of trial, the second claim had become moot because of the removal of the trusteeship and the third claim was dismissed for lack of jurisdiction, Vars v. International Brotherhood of Boilermakers, etc., 204 F.Supp. 245, 248 (D.C.Conn.1962). Neither of these claims is involved on this appeal.

A trial was held before the district court on the remaining claim of wrongful expulsion from the Union at which the district judge permitted Vars to introduce evidence not submitted by him to the Union tribunal. The Court held that the evidence failed to sustain any of the three charges made against Vars and accordingly granted a judgment in Vars' favor. Vars v. International Brotherhood of Boilermakers, etc., 215 F.Supp. 943 (D. Conn.1963). The Union, acquiescing in the district court's findings with respect to the charges of circulation of detrimental material and displaying of religious articles, here appeals only from the Court's determination that the evidence did not support a finding that Vars had submitted false and fraudulent pay and expense claims to the Local.1

Section 101(a) (5) of the Labor-Management Reporting and Disclosure Act (29 U.S.C.A. § 411(a) (5)) provides that:

"No member of any labor organization may be fined, suspended, expelled, or otherwise disciplined except for nonpayment of dues by such organization or by any officer thereof unless such member has been (A) served with written specific charges; (B) given a reasonable time to prepare his defense; (C) afforded a full and fair hearing."

Any person whose rights under this section have been infringed may bring an action in the district court to secure redress for any violation, 29 U.S.C.A. § 412. At trial and on this appeal, Vars contended that all three subdivisions of Section 101(a) (5) had been violated. The district court held that he had been served with written charges that were sufficiently specific, that he had received timely notice under the Union rules, and that he was given sufficient time in which to prepare his defense. However, the Court determined that there was such a dearth of probative evidence in support of the claim that Vars had submitted false and fraudulent pay claims that it could not be said that he was "afforded a full and fair hearing."

Both parties agree that in an action of this kind, judicial review of the findings of the Union tribunal is limited in nature. The courts are not free to substitute their judgment for that of the trial court or to re-examine the evidence to determine whether it would have arrived at the same conclusion that was reached by the trial body. Rosen v. District Council No. 9 of New York City, 198 F.Supp. 46 (S.D.N.Y.1961); Phillips v. Teamsters, Chauffeurs, etc., Local Union No. 560, 209 F.Supp. 768 (D.N.J.1962). However, implicit in the requirement of a full and fair hearing is the requirement that there be some evidence to support the charges made. Cf. Madden v. Atkins, 4 N.Y.2d 283, 174 N.Y.S.2d 633, 161 N.E. 2d 73, 74 A.L.R.2d 772 (1958). If Section 101(5) is to provide any measure of protection for the individual union member who finds himself beseiged by the full power of the International Union, some review is necessary in order to protect such members from obvious abuses. This is especially true in cases such as this where the hearing examiner is not an independent figure divorced from union controversies but is an officer of the International Union. Thus, although the courts may be without power to review matters of credibility or of strict weight of the evidence, a close reading of the record is justified to insure that the findings are not without any foundation in the evidence.

The Union contends that the district court committed error in not limiting the trial to the record and the...

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  • International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths Forgers and Helpers v. Hardeman
    • United States
    • U.S. Supreme Court
    • February 24, 1971
    ...that there is some evidence to sustain the charge. This is the view of the Second, Third, and Fifth Circuits, Vars v. International Brotherhood of Boilermakers, 320 F.2d 576; Kelsey v. Philadelphia Local No. 8, 419 F.2d 491; International Brotherhood of Boilermakers v. Braswell, 388 F.2d 19......
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    • U.S. District Court — Northern District of Texas
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    ...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 § 411(a)(5)(B).D Plaintiffs allege that TWU Local violated ......
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    ...Blacksmiths, Forgers & Helpers (hereinafter "International Bhd. of Boilermakers"), 215 F.Supp. 943, 947 (D.Conn.), aff'd, 320 F.2d 576 (2d Cir. 1963). At a minimum, the accused should be informed of the nature of the offense, the circumstances surrounding the alleged infraction and, as near......
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    ...10, 21-22; Gustafson v. American Train Dispatchers' Association (7th Cir.1986), 788 F.2d 1284, 1287; Vars v. International Brotherhood of Boilermakers (2d Cir.1963), 320 F.2d 576, 578.) This requirement was clearly satisfied for every day for which a fine was In addition, it has been held t......
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