Vestal v. Hoffa, 71-1472.

• Decision Date: 03 December 1971
• Docket Number: No. 71-1472.,71-1472.
• Citation: 451 F.2d 706
• Parties: Don VESTAL et al., Plaintiff-Appellees, v. James R. HOFFA et al., Defendant-Appellants. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, etc., et al., Plaintiff-Appellants, v. Don VESTAL et al., Defendants-Appellees.
• Court: U.S. Court of Appeals — Sixth Circuit

451 F.2d 706 (1971)

Don VESTAL et al., Plaintiff-Appellees, v. James R. HOFFA et al., Defendant-Appellants.

INTERNATIONAL BROTHERHOOD OF TEAMSTERS, etc., et al., Plaintiff-Appellants, v. Don VESTAL et al., Defendants-Appellees.

No. 71-1472.

United States Court of Appeals, Sixth Circuit.

December 3, 1971.

David Previant, Milwaukee, Wis., for James R. Hoffa and others; Goldberg, Previant & Uelmen, Milwaukee, Wis., Raymond W. Bergan, Williams, Connolly & Califano, Washington, D.C., Cecil D. Branstetter, Branstetter, Moody & Kilgore, Nashville, Tenn., Ian Lanoff, Washington, D.C., on brief.

Edward C. White, Nashville, Tenn., for Don Vestal and others.

Before WEICK, CELEBREZZE and PECK, Circuit Judges.

WEICK, Circuit Judge.

The sole question in this appeal is whether General President James R. Hoffa had the right under the Constitution of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America to delegate authority to General Vice President Frank E. Fitzsimmons to impose a trusteeship over its Local Union 327 of Nashville, Tennessee.

The District Court, 329 F.Supp. 801, construing the constitution of the International Union, held that only the General President had that authority and that it was non-delegable. The District Court entered an order enjoining the continuation of the trusteeship imposed by General Vice President Fitzsimmons over the local union. The International appealed. We reverse.

The power and authority of the General President to appoint trustees for local unions was provided for in Art. VI Sec. 5 of the Constitution adopted at the International Convention held in July, 1966. The pertinent part is as follows:

"ART. VI, SEC. 5

Power of General President to Appoint Trustees; Duties and Obligations of Local Unions Under Trusteeship

Section 5(a). If the General President has or receives information which leads him to believe that any of the officers of a Local Union or other subordinate body are dishonest or incompetent, or that such organization is not being conducted in accordance with the Constitution and laws of the International Union or for the benefit of the membership, or is being conducted in such a manner as to jeopardize the interests of the International Union, or its subordinate bodies or if the General President believes that such action is necessary for the purpose of correcting corruption or financial malpractice, assuring the performance of collective bargaining agreements or other duties of a bargaining representative, restoring democratic procedures or preventing any action which is disruptive of or interferes with the performance or obligations of other members or Local Unions under collective bargaining agreements, or otherwise carrying out legitimate objects of the subordinate body, he may appoint a temporary Trustee to take charge and control of the affairs of such Local Union or other subordinate body; provided, however, that before the appointment of such temporary Trustee, the General President shall set a time and place for a hearing for the purpose of determining whether such temporary Trustee shall be appointed, and further provided that where, in the judgment of the General President, an emergency situation exists within the Local Union or other subordinate body, the temporary Trustee may be appointed prior to such hearing, but such hearing shall then commence within thirty (30) days and decision made within sixty (60) days after the appointment of such temporary Trustee; and further provided that in all cases the Local Union or other subordinate body shall be advised of the reason for the appointment. Adequate notice at least ten (10) days prior to the date of the hearing shall be given to the Local Union or other subordinate body involved. In the case of all hearings conducted prior to, or after the establishment of a Trusteeship, the General President shall designate a panel comprised of at least one (1) International Union Vice President and one (1) disinterested member of the International Brotherhood of Teamsters from the area involved. The General President may, at his discretion, appoint an employee of the International Union to such panel. Such representatives shall make their recommendations to the General President orally or in writing within thirty (30) days after the furnishing of the transcript of testimony, and the decision in the case shall be made by the General President himself, which decision shall be made within ten (10) days after such recommendations are received by him, and the decision shall be promptly transmitted to the Local Union or other subordinate body. Appeals, if any, from determinations following such hearings shall be taken directly to the General Executive Board. Appeals, if any, from the decision of the General Executive Board shall be taken to the Convention by only the Local Union or subordinate body affected. Procedures on appeals under this Section, insofar as is consistent with this Section, shall be governed by the provisions of Article XIX. The International Union shall not be responsible for any actions or activities of a Local Union or other subordinate body under Trusteeship unless such actions or activities have been directed or authorized by the Trustee.

"The General Executive Board may modify or add to the procedures established herein for the purpose of assuring compliance with any applicable law.

"(b). The Trustee shall be authorized and empowered to take full charge of the affairs of the Local Union or other subordinate body, to remove any or all officers and appoint temporary officers at any time during his Trusteeship, and to take such other action as in his judgment is necessary for the preservation of

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