American Postal Workers Union, O'Hare Midway "T" Local 7011 et al v. American Postal Workers Union, AFL-CIO
Filing
43
MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on February 18, 2015: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court grants APWU's motion to dismiss [dkt. no. 34]. Although it is high ly unlikely that the defects can be cured by amendment, the Court will give Local 7011 a chance to try. Unless Local 7011 files a proposed amended complaint by no later than March 11, 2015 that states a viable federal claim, the Court will enter judgment in favor of APWU. The case is set for a status hearing on March 20, 2015 at 9:30 a.m. (mk)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
AMERICAN POSTAL WORKERS UNION,
)
O'HARE MIDWAY "T" LOCAL 7011 ET AL., )
)
Plaintiff,
)
)
vs.
)
)
AMERICAN POSTAL WORKERS UNION,
)
AFL-CIO
)
)
Defendant.
)
No. 13 C 7281
MEMORANDUM OPINION AND ORDER
MATTHEW F. KENNELLY, District Judge:
American Postal Workers Union, O'Hare Midway "T" Local 7011 and several of
its officers and members (collectively referred to as Local 7011) have sued the
American Postal Workers Union, AFL-CIO (APWU), alleging violations of section 301 of
the Labor Management Relations Act. 29 U.S.C. § 185. APWU has moved to dismiss
the complaint. For the reasons stated below, the Court grants APWU's motion.
Background
For purposes of the motion to dismiss, the Court accepts as true the facts alleged
in Local 7011's complaint. APWU is a national union that represents postal service
employees. Am. Compl. ¶ 5. The relationship between APWU and its local unions,
including Local 7011, is governed by APWU's constitution, bylaws, and merger
guidelines.1 Those documents were attached to Local 7011's complaint and are
1
Under the APWU constitution, "[t]en (10) or more members in the same postal
installation may be chartered as a local." Am. Compl., Ex. A, Art. 16 § 5.
therefore considered part of the pleadings. Fed. R. Civ. P. 10(c).
Local 7011 represented approximately 350 employees who worked for the United
States Postal Service at the Chicago International Military Service Center (CIMSC),
located at 11600 West Irving Park Road in Chicago, Illinois. Am. Compl. ¶ 2. Donald
Greer is the president of Local 7011, and the other individual plaintiffs, Patrick Hooper,
Saunder Jones, and Thais Hampton, are members of the local. Id. ¶ 3.
On September 14, 2012, the Postal Service notified APWU that it would be
consolidating the CIMSC and the Irving Park Road Processing and Distribution Center,
located next to the CIMSC. Id. ¶ 11. The letter stated that Irving Park Road bargaining
unit employees, who were represented by Local 0001 of the APWU, would be
involuntarily reassigned to work at the CIMSC. Id.
On September 22, 2012, "Local 7011 sent a request to the APWU that it be
designated as the exclusive bargaining representative of the merged employees." Id.
¶ 16. Local 7011 cited the provision of APWU's merger guidelines that states: "[w]hen
the operation of an identified section within a Local is transferred permanently to an
existing postal installation represented by a different Local, the gaining Local shall
assume representation rights of the employees." Id. ¶ 13 (quoting Ex. B, § 2.8(2)(D)).
Local 7011 contended that it should assume representation of the employees that were
reassigned because it was the gaining local. Id. ¶ 15.
"[O]n June 28, 2013, the National Executive Board of the APWU decided to
conduct a jurisdictional representation referendum to determine which Local Union
would represent all employees at the merged facilities." Id. ¶ 18. Local 7011 objected
to the referendum on July 13, 2013, arguing that it should represent the employees. In
2
the alternative, Local 7011 argued that the approximately 1,000 members of Local 0001
who worked at facilities other than Irving Park Road should not be allowed to vote. Id.
¶ 18–19. The executive board denied the objection on July 30, 2013. That same day,
Local 7011 "requested that the National Executive Board reconsider its decision and
stated its intention to appeal the decision to the next National Convention, to be held in
July or August 2014. Absent reconsideration, Local 7011 requested that the APWU
stay the referendum pending consideration by the National Convention." Id. ¶ 21.
APWU denied both requests, and on August 6, 2013, it "notified Local 7011 that Local
0001 won the referendum by a vote of 199 to 122, with just 323 out of 2040 eligible
members voting." Id. ¶ 23. Local 7011 appealed the referendum, claiming that many
members did not receive ballots or return envelopes and that the certified results were
"facially inaccurate." Id. ¶ 24. Since that appeal, Local 0001 has assumed representing
bargaining employees at the merged facility, including the individual plaintiffs in this
case. Id. ¶ 25.
Local 7011 filed this suit in October 2013, alleging that APWU violated the
union's constitution and merger guidelines. The Court stayed the case in March 2014
after the parties agreed that Local 7011 could present resolutions concerning the
merger and referendum at APWU's biennial national convention in July 2014.
After the convention, Local 7011 filed an amended complaint, adding allegations
that APWU violated the constitution during the meeting. Local 7011 contends that
although it timely submitted materials for the convention, its resolutions were not
included in the convention booklet. Id. ¶ 27–28. Additionally, "Local 7011's resolutions
were not presented until the last issue on the last day of the Convention, after a
3
substantial number of delegates (over 60%) had left." Id. ¶ 31. Local 7011's president,
Donald Greer, was allowed only five minutes to speak, while at least three other union
representatives spoke against Local 7011's resolutions. Id. ¶ 32. Local 7011 contends
that "[t]his lack of debate was inconsistent with how the Convention handled all prior
resolutions, each of which required a motion to end debate." Id. After the
presentations, delegates were asked to stand to vote on whether to affirm the executive
board's decision to grant Local 0001 responsibility over employees at the merged
facility. Id. ¶ 33. The general president determined that the delegates had voted to
affirm, although Greer thought the vote was "too close to call." Id. ¶ 34. A delegate
requested a tally, "but the General President stated that the vote was clear and no tally
would be held. Thereafter, delegates began leaving the Convention en mass [sic].
Only after a substantial number of delegates had left was a vote held on whether to
conduct a tally, which was voted down." Id. ¶ 35.
Local 7011 contends that APWU violated the union's constitution and merger
guidelines by
(a) failing to designate Local 7011 as the exclusive bargaining
representative of the bargaining unit employees at the CIMSC;
(b) failing to give sufficient notice of the referendum;
(c) failing to conduct a fair referendum;
(d) failing to present Plaintiffs' resolutions at the Convention in good faith;
(e) failing to conduct the Convention consistent with due process and the
procedural rules of the Constitution; and
(f) failing to properly tally the vote on the resolution to affirm the decisions
of the Executive Board.
Id. ¶ 37. Local 7011 requests an injunction requiring APWU to award representation of
4
the merged employees to Local 7011 or restoring the status quo as it existed prior to the
August 2013 referendum. Local 7011 also asks the Court to rule that the APWU's
merger guidelines require that Local 7011 be awarded representation of the merged
employees. Local 7011 also seeks damages in the form of the dues it would have
received but for the alleged violations. Id. ¶ 38.
Discussion
When considering a motion to dismiss under Federal Rule of Civil Procedure
12(b)(6), the Court accepts the plaintiffs' allegations as true and draws reasonable
inferences in their favor. Parish v. City of Elkhart, 614 F.3d 677, 679 (7th Cir. 2010). To
survive a motion to dismiss, plaintiffs must provide "enough facts to state a claim to
relief that is plausible on its face." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570
(2007). A claim is plausible on its face if plaintiffs plead "factual content that allows the
court to draw the reasonable inference that the defendant is liable for the misconduct
alleged." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).
A.
Jurisdiction under 29 U.S.C. § 185
APWU contends that the Norris–LaGuardia Act, 29 U.S.C. §§ 101–115, prevents
the Court from granting injunctive relief to Local 7011. The Court concludes that the
Norris–LaGuardia Act does not apply because this case does not involve a "labor
dispute" under the Act.
Section 301(a) of the Labor Management Relations Act of 1947, also known as
the Taft–Hartley Act, establishes federal jurisdiction for "[s]uits for violation of contracts
between an employer and a labor organization representing employees in an industry
affecting commerce as defined in this chapter, or between any such labor
5
organizations." 29 U.S.C. § 185. APWU contends that despite the Taft–Hartley Act's
grant of federal jurisdiction, the Court cannot award injunctive relief, the primary remedy
sought by Local 7011, under the Norris–LaGuardia Act.
Passed in 1932, the Norris–LaGuardia Act prohibits a court from issuing an
injunction or restraining order "in a case involving or growing out of a labor dispute." Id.
§ 101. "The term 'labor dispute' includes any controversy concerning terms or
conditions of employment, or concerning the association or representation of persons in
negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of
employment." Id. § 113. The Supreme Court has stated that "[t]he critical element in
determining whether the provisions of the Norris–LaGuardia Act apply is whether 'the
employer-employee relationship [is] the matrix of the controversy.'" Jacksonville Bulk
Terminals, Inc. v. Int'l Longshoremen's Ass'n, 457 U.S. 702, 712 (1982) (quoting
Columbia River Packers Ass'n, Inc. v. Hinton, 315 U.S. 143, 147 (1942)).
The employer-employee relationship is not implicated in this case. The
employer, the Postal Service, is not involved in the dispute. Local 7011 and the
individual plaintiffs do not challenge the terms or conditions of union members'
employment with the Postal Service. Thus, the case does not involve the union's efforts
"in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions
of employment negotiations." 29 U.S.C. § 113.
On the contrary, this case involves an internal union dispute concerning which
local union will represent certain workers. This type of dispute does not implicate the
policies behind the Norris–LaGuardia Act, which was enacted to guarantee each worker
"full freedom of association, self-organization, and designation of representatives of his
6
own choosing, to negotiate the terms and conditions of his employment" and "free[dom]
from the interference, restraint, or coercion of employers of labor, or their agents, in the
designation of such representatives or in self-organization or in other concerted
activities for the purpose of collective bargaining or other mutual aid or protection." 29
U.S.C. § 102. Given the plain language and the policies behind the statute, this case
does not involve a "labor dispute" under the Act. See Boys Mkts., Inc. v. Retail Clerks
Union, Local 770, 398 U.S. 235, 250–51 (1970) (noting that "[t]he literal terms of § 4 of
the Norris–LaGuardia Act must be accommodated to the subsequently enacted
provisions of § 301(a) of the Labor Management Relations Act" and stating that the Act
was enacted "to correct the abuses that had resulted from the interjection of the federal
judiciary into union-management disputes on the behalf of management" and "to limit
severely the power of the federal courts to issue injunctions in any case involving or
growing out of any labor dispute" (internal quotation marks and citations omitted)).
Although the Seventh Circuit has not addressed the application of the Norris–
LaGuardia Act in a comparable case, a court in this district concluded that the Act was
inapplicable to a similar dispute. There, local unions sued the parent international union
to prevent their dissolution and consolidation into a single union. Transp. Workers
Union of Am., AFL-CIO, Local Unions 561, 562, 563, 564, 565 v. Transp. Workers
Union of Am., AFL-CIO, Int'l, No. 13 C 01415, 2013 WL 1103875, at *2–3 (N.D. Ill. Mar.
15, 2013). The court questioned whether the internal union dispute implicated the
purposes of the Norris–LaGuardia Act, which was premised on "the concern that judges
will improvidently use injunctions to restrain collective activity out of hostility for labor."
Id. at *2 (citing 29 U.S.C. § 102). The court determined that the dispute was not a "labor
7
dispute" under the Act:
The union's collective bargaining agreement—which is negotiated and
administered by the International, not the Locals—is not implicated here,
nor are the members' terms or conditions of employment. A restructuring
of local unions, even one that involves the dissolution of some, is unlike
any of the labor activities that the Norris–LaGuardia Act restricts the courts
from enjoining.
Id. at *3.2 The Court finds this reasoning persuasive.
The Court has found a case involving similar facts in which the court ruled that
the Norris–LaGuardia Act applied. See Converso v. United Am. Nurses, No. 09 C 7336,
2009 WL 4547578, at *3–4 (N.D. Ill. Dec. 3, 2009). There, union officials sued the
national union to enjoin the consolidation of registered nurses into "a nationwide 'superunion.'" Id. at *1. The court concluded that "this matter appears to involve a labor
dispute" under the Act, because "the request for a [temporary restraining order] flows
from a disagreement about the association of persons relating to terms and conditions
of employment." Id. at *4. The court did not analyze the Norris–LaGuardia Act in detail,
as the court determined that the plaintiffs' request for a temporary restraining order
failed on the merits. Id. The Court respectfully disagrees with the analysis in Converso.
The Court finds additional support for its conclusion that the Norris–LaGuardia
Act does not apply from a 1981 decision of the Supreme Court. The Court allowed a
similar internal union dispute to proceed under the Taft–Hartley Act without mentioning
the Norris–LaGuardia Act. The Court considered whether a suit for injunctive relief
"brought by a local union against its parent international union, alleging a violation of the
2
Although the Seventh Circuit considered the district court's denial of the plaintiffs'
motion for a preliminary injunction, the district court's ruling concerning the applicability
of the Norris–LaGuardia Act was not challenged on appeal. See Transp. Workers
Union of Am., AFL-CIO v. Transp. Workers Union of Am., AFL-CIO, Int'l Union, 732
F.3d 832, 833 (7th Cir. 2013).
8
international's constitution, falls within § 301(a) jurisdiction of the federal district courts."
United Ass'n of Journeymen & Apprentices of Plumbing & Pipefitting Indus. of U.S. &
Canada, AFL-CIO v. Local 334, United Ass'n of Journeymen & Apprentices of Plumbing
& Pipefitting Indus. of U.S. & Canada, 452 U.S. 615, 616 (1981). The Court held that
section 301(a) establishes federal jurisdiction over an alleged violation of a union's
constitution. Id. at 627. The Court did not mention the Norris–LaGuardia Act in its
decision. The Court instead focused on the text of the Taft–Hartley Act, the statute's
legislative history, and the unanimity among federal appeals courts in concluding that a
"union constitution can be a 'contract between labor organizations' within the meaning of
§ 301(a)." Id. at 619–25 (quoting 29 U.S.C. § 185). The fact that the Supreme Court
has allowed a local union to sue its parent union for a violation of the union's
constitution suggests that the Norris–LaGuardia Act does not bar Local 7011's suit for
injunctive relief.
Local 7011's suit does not involve management or employment conditions, but
instead centers around the allegation that APWU violated the union's constitution and
merger guidelines. Thus, the Norris–LaGuardia Act does not bar Local 7011's suit.
B.
Mootness
APWU also contends that Local 7011's claim for injunctive relief is moot because
Local 0001 has already started to represent employees at the merged facility.
According to APWU, "the Court cannot unscramble the egg by ordering the unmaking of
a consolidation that has already occurred." Def.'s Mem. in Supp. of Mot. to Dismiss at
5.
The Seventh Circuit has held that a court cannot issue a preliminary injunction if
9
the event the plaintiff wishes to enjoin has already occurred. Transp. Workers Union of
Am., AFL-CIO v. Transp. Workers Union of Am., AFL-CIO, Int'l Union, 732 F.3d 832,
834 (7th Cir. 2013) ("For a preliminary injunction to be effective, it must be issued prior
to the event the movant wishes to prevent."). In that case, local unions sought to enjoin
a consolidation that had already occurred; thus, their request for a preliminary injunction
was moot. Id. ("[APWU's] intervening consolidation of [the] Local Unions [ ] prevents
this Court from maintaining the earlier status quo of the Local Unions."). Based on this
rationale, the Court cannot restore Local 7011 to its status quo prior to the merger,
because the consolidation has already occurred.
The Seventh Circuit did not end its analysis there, however. The court
determined that "[t]hough the Local Unions' request for a preliminary injunction is moot,
their 'case as a whole remains alive because other issues have not become moot.'" Id.
at 834–35 (quoting Univ. of Tex. v. Camenisch, 451 U.S. 390, 394 (1981)). Specifically,
the plaintiffs asked the court "to order affirmative relief restoring their independent status
as local unions based on claimed violations of the [union's] Constitution." Id. at 835.
Local 7011 has requested a declaration that the merger guidelines were violated
as well as monetary damages in the amount of dues the union would have received but
for the alleged violations. These claims for relief are not moot. Although the Court
questions whether these remedies would effectively redress the alleged injuries, the
Court need not linger on the issue, because Local 7011's claim fails on the merits.
C.
Local 7011's claims under 29 U.S.C. § 185
Local 7011 claims that APWU violated its constitution and merger guidelines
when it failed to designate Local 7011 to represent employees at the consolidated
10
facility, failed to give sufficient notice of the referendum, failed to conduct a fair
referendum, and failed to conduct the national convention in good faith and in
accordance with the procedural rules of the constitution. Because APWU's
interpretation of the constitution and merger guidelines was reasonable based on the
facts alleged in the complaint, Local 7011 has not stated a plausible claim for relief.
Section 301 of the Taft–Hartley Act allows a party to sue for the violation of a
contract between labor organizations. 29 U.S.C. § 185. The parties do not dispute that
Local 7011 and APWU are labor organizations or that the constitution and merger
guidelines are "contract[s] between labor organizations." See id. §§ 185, 152(5); United
Ass'n of Journeymen, 452 U.S. at 627 (concluding that a union constitution can be a
contract between labor organizations within the meaning of section 301(a)).
The parties also agree on the applicable standard. "To prevail, a plaintiff must
show that the union's interpretation of its own constitution was unreasonable, perhaps
even patently unreasonable before we can set it aside." Transp. Workers Union of Am.,
732 F.3d at 835 (internal quotation marks omitted). The Seventh Circuit has
emphasized that "[a] union's interpretation of its own constitution is entitled to judicial
deference. The deference to a union's interpretation reflects a longstanding federal
policy of noninterference in internal union affairs." Id. (internal quotation marks and
citations omitted). This same standard applies to APWU's interpretation of the merger
guidelines. See Air Wis. Pilots Prot. Comm. v. Sanderson, 909 F.2d 213, 218 (7th Cir.
1990) (describing "the principle that a union's interpretation of its own constitution, bylaws, and other promulgations is entitled to judicial deference; we must be able to call
the interpretation unreasonable, perhaps even patently unreasonable, before we can
11
set it aside" (internal quotation marks omitted)).
The Seventh Circuit applied these principles in a case in which a local union
sued the union's leadership after the locals were consolidated. "To determine whether
the union's interpretation was reasonable or patently unreasonable," the court analyzed
"how much authority the [union's] Constitution grants its national leadership." Transp.
Workers Union of Am., 732 F.3d at 835 (internal quotation marks omitted). The court
found that the constitution conveyed broad power to the union's leadership over local
unions and over the interpretation of the constitution. Id. The court then analyzed the
provisions relating to mergers and dissolutions, and determined that the leadership's
actions fell "wholly within the scope of the authority granted to it." Id. at 836.
Applying the same framework to this case, APWU's interpretation of its
constitution and merger guidelines was reasonable. The constitution does not address
the consolidation of local unions or the balance of decision making authority between
local unions and national leadership. Thus, as a general matter, the constitution does
not appear to limit APWU's control over local unions.
Turning to the specific allegations, Local 7011 first contends that APWU violated
the merger guidelines by failing to designate Local 7011 as the representative union for
the merged employees at the CIMSC. Local 7011 argues that APWU violated the
provision of the merger guidelines that states: "When the operation of an identified
section within a Local is transferred permanently to an existing postal installation
represented by a different Local, the gaining Local shall assume representation rights of
the employees." Am. Compl., Ex. B, § 2.8(2)(D). Local 7011 argues that because Local
0001's members were reassigned to work at the CIMSC, Local 7011 was the gaining
12
local and should represent those employees.
APWU's determination that section 2.8 did not apply in this case was not
unreasonable. APWU concluded that the merger guidelines gave the executive board
the authority to order a referendum vote to determine which local would represent the
employees after the consolidation. Specifically, APWU points to section 2.8's
introduction, which states that "in those circumstances where an existing installation is
consolidated or constructed adjacent to or as an extension of an ongoing installation
. . . . [s]uch cases will be decided by the National Executive Board on a case-by-case
basis." Id. at § 2.8. This point is reiterated in the section addressing "[n]ewly
consolidated installations:" "These stages do not apply in those circumstances where
an existing installation is consolidated . . . adjacent to . . . an ongoing installation. Such
cases will be decided by the National Executive Board on a case-by-case basis." Id. at
§ 2.8(2)(A). Because CIMSC was located next to the Irving Park facility, the executive
board did not act unreasonably in treating the merger as a consolidation of existing,
adjacent installations, which the merger guidelines leave to the executive board's
discretion. For this reason, Local 7011 has not stated a viable claim for relief.
The introductions to the merger guidelines and to section 2.8 provide additional
support for this conclusion. The introduction to the merger guidelines states that "[n]o
merger with or the formation of an Area Local will be permitted unless approval has
been requested and granted by the APWU National Secretary-Treasurer pursuant to the
following procedures." Id. at § 1. Because the union's national leadership must
approve all mergers of local unions, it was not unreasonable for APWU to determine the
procedure for deciding which local would represent employees at the CIMSC.
13
The introduction to section 2.8 states that the provision applies "[w]here a new
installation that opened after September 22, 1993 was not afforded an opportunity to
conduct a jurisdictional referendum vote" or "where two or more independent postal
installations are consolidated, resulting in the excessing of employees." Id. at § 2.8.
This case presents neither scenario; the two postal installations were not new, and the
consolidation did not result in the excessing of employees. Thus, it was reasonable for
APWU to conclude that the requirements of section 2.8 did not apply. In sum, even
assuming the allegations in the complaint are true, APWU did not violate the merger
guidelines when it conducted a jurisdictional representation referendum.
In addition to arguing that a referendum should not have been conducted, Local
7011 contends that APWU's notice of the referendum violated the merger guidelines
because it did not specify how ballots would be counted. Under section 2.8(2) of the
merger guidelines, when two postal installations are consolidated, notice must be
posted in all affected offices at least thirty days before the vote "advising on the date,
time, and location" of the vote. Id. § 2.8(2)(B)(v). The Court has concluded that APWU
did not act unreasonably in concluding that section 2.8 of the merger guidelines did not
apply. Nonetheless, even if the notice requirement did apply, APWU did not violate it.
The merger guidelines do not require notice regarding how ballots will be counted.
Local 7011 does not contend that the posted notice omitted the date, time, or location of
the vote or that the thirty day requirement was not met. Local 7011 has failed to allege
facts tending to show that APWU violated the notice requirement.
Local 7011 also contends that the referendum was not fair, because all members
of both locals were allowed to vote. Local 7011 argues that this was unfair because
14
Local 0001 has a much larger membership than Local 7011. However, it was not
unreasonable for APWU to invite all members of the two locals to vote. As APWU's
president stated in the July 30, 2013 letter denying Local 7011's objections to the
referendum, "since each local will be impacted by the jurisdictional assignment and
could suffer a loss of members, the [executive board] has chosen to allow all APWU
members of the affected locals to have a voice in this matter." Def.'s Mem. in Supp. of
Mot. to Dismiss, Ex. B.3 The conclusion that all members had an interest in the vote
was not unreasonable.
Local 7011 also contends that many union members did not receive a ballot or
return envelope and that the results of the referendum were inaccurate. To support this
argument, Local 7011 has provided with its response brief the tally sheet from the
referendum, in which the votes were not correctly added. APWU argues that the
inclusion of this document is misleading, because APWU later issued another tally that
corrected typographical errors. APWU provided the corrected tally with its reply brief. A
court can consider a document that is not attached to the complaint "without converting
the motion into one for summary judgment, so long as the authenticity of the document
is unquestioned." Minch v. City of Chicago, 486 F.3d 294, 300 (7th Cir. 2007).
Because APWU has challenged the exhibit, the Court will not consider the tally sheets.
3
APWU has attached the July 30, 2013 letter to its motion to dismiss. "[D]ocuments
attached to a motion to dismiss are considered part of the pleadings if they are referred
to in the plaintiff's complaint and are central to his claim.'" Adams v. City of
Indianapolis, 742 F.3d 720, 729 (7th Cir.), cert. denied, 135 S. Ct. 286 (2014) (internal
quotation marks omitted). Local 7011 refers to the letter in the complaint, and the letter
is relevant as to whether APWU's conduct was unreasonable. Am. Compl. ¶ 20.
Additionally, Local 7011 has not challenged the authenticity of the letter in its reply brief.
See Tierney v. Vahle, 304 F.3d 734, 738 (7th Cir. 2002). Thus, the Court may consider
the letter in ruling on the motion to dismiss.
15
Even if the votes were not properly tallied, Local 7011 must point to a violation of
the merger guidelines or constitution in order to state a claim under section 301.
"Section 301 review simply does not include a free-floating procedural fairness standard
absent a showing that some provision of the [contract] was violated." Lippert Tile Co. v.
Int'l Union of Bricklayers, 724 F.3d 939, 948 (7th Cir. 2013). Local 7011 does not
identify any provision of the union constitution or merger guidelines that was violated;
rather, it contends that the constitution includes an implied fairness requirement. See
Howard v. Weathers, 139 F.3d 553, 554 (7th Cir. 1998) (finding that "a reasonable
interpreter of the union's constitution [could] make finality an implied term of the
constitution's provision on special meetings").
Even if there is ambiguity as to whether the constitution includes an implied
fairness requirement or whether that requirement was violated, the Court "ask[s] only
whether the Union's interpretation is unreasonable." Fulk v. United Transp. Union, 160
F.3d 405, 409 (7th Cir. 1998). Any calculation errors were not unreasonable. Local
7011 does not suggest that the result of the referendum would have differed without the
alleged inaccuracies. It only states that "the 'certified' results are facially inaccurate."
Am. Compl. ¶ 24. And it was not unreasonable for APWU to mail ballots, even though
there was a risk that some members would not receive them. Accepting the allegations
in the complaint as true, the Court concludes that APWU conducted the referendum in a
reasonable manner.
Local 7011 also argues that APWU failed to conduct the national convention in
good faith and consistent with due process and the procedural rules of the constitution.
Local 7011 complains that APWU scheduled the vote on its resolution on the last day
16
during the final minutes of the convention when most delegates had left, failed to
include its resolution in the convention booklet, and only allowed one person to speak
on behalf of the local for five minutes. According to the complaint, this was inconsistent
with the way other resolutions had been handled. Again, Local 7011 has not specified
any provision of the constitution that APWU violated, and the constitution does not
include a fairness or due process requirement. The constitution grants the executive
board substantial discretion as to how to administer the national convention. Am.
Compl., Ex. A, Art. 5 § 2 ("Arrangements for the administration and conduct of the
National Convention shall be under the supervision and authority of the National
Executive Board."). Given this broad grant of authority, the Court must give deference
to the board's decisions concerning the administration of the convention. See Transp.
Workers Union, 732 F.3d at 835.
Even if fairness were required, the complaint does not plausibly allege that the
administration of the convention was unfair, or more precisely that APWU was
unreasonable in believing its actions were fair under the constitution. It was not unfair
to schedule Local 7011's resolution at the end of the convention. By necessity, some
resolution had to be scheduled last. It was not unfair that only five minutes were
allocated for Local 7011's resolution, given that the convention was a national meeting
with a busy agenda. Finally, Local 7011 does not explain why the failure to include the
resolution in the convention publication was unfair.
Local 7011 also complains that APWU's president violated the constitution when
he concluded that the delegates had voted to affirm the executive board's decision and
initially refused to consider conducting a tally. Although the president eventually
17
allowed a vote on whether to conduct a tally, according to Local 7011 this was after a
"substantial number of delegates had left." Am. Compl. ¶ 35. Local 7011 has not
plausibly alleged that either vote violated the constitution. APWU's bylaws require that
25% of the delegates be present at a national convention to constitute a quorum. Id.,
Ex. A, Art. 2 § 1. Local 7011 does not argue that there was no quorum for the initial
vote or the vote on whether to conduct a tally. In fact, the complaint states that "over
60%" of delegates had left. Id. ¶ 31. If 60% of the delegates had left, as Local 7011
estimates, there would have been enough left to constitute a quorum. Based on the
facts alleged in the complaint, APWU did not violate the union's constitution or bylaws
during the national convention.
In sum, accepting the facts alleged in the complaint as true, Local 7011 has not
stated a claim for relief under section 301 of the Taft–Hartley Act.
Conclusion
For the foregoing reasons, the Court grants APWU's motion to dismiss [dkt. no.
34]. Although it is highly unlikely that the defects can be cured by amendment, the
Court will give Local 7011 a chance to try. Unless Local 7011 files a proposed
amended complaint by no later than March 11, 2015 that states a viable federal claim,
the Court will enter judgment in favor of APWU. The case is set for a status hearing on
March 20, 2015 at 9:30 a.m.
________________________________
MATTHEW F. KENNELLY
United States District Judge
Date: February 18, 2014
18
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