Acosta v. Local 101, Transp. Workers Union of Am. Afl-Cio

339 F. Supp. 3d 80
CourtDistrict Court, E.D. New York
DecidedSeptember 10, 2018
Docket18-cv-319-ARR-RML
StatusPublished
Cited by5 cases

This text of 339 F. Supp. 3d 80 (Acosta v. Local 101, Transp. Workers Union of Am. Afl-Cio) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Acosta v. Local 101, Transp. Workers Union of Am. Afl-Cio, 339 F. Supp. 3d 80 (E.D.N.Y. 2018).

Opinion

ROSS, United States District Judge:

Plaintiff, the Secretary of Labor, instituted this action under the Labor-Management Reporting and Disclosure Act ("the LMRDA"). The lawsuit arises from a recent officer election conducted by Local 101, Transport Workers Union of America AFL-CIO ("Local 101"). Baron Marquis, a member of the union in good standing at the time of the election, was disqualified as a candidate for president after he failed to timely file a letter of acceptance1 with Local 101 confirming his nomination and intent to run. He protested his disqualification to several internal union administrative bodies before filing a complaint with the Secretary of Labor. Following an investigation, the Secretary of Labor brought this suit, alleging that the union's decision to disqualify Marquis was an unreasonable application of a facially reasonable election rule. The parties filed cross-motions for summary judgment with respect to whether the union's disqualification of Marquis was the result of a "reasonable qualification uniformly imposed," 29 U.S.C. § 481(e), or whether it impermissibly restricted the candidacy pool and denied members "democratic choice in selecting union officers," Pl.'s Mem. of Law in Opp'n to Def.'s Mot. for Summ. J. and in Support of Pl.'s Cross-Mot. for Summ. J. 7, ECF No. 18 ("Pl.'s Mem. of Law"). For the reasons that follow, Local 101's motion for summary judgment is GRANTED and the Secretary of Labor's motion for summary judgment is DENIED.

FACTUAL AND PROCEDURAL BACKGROUND

Unless otherwise noted, the following facts set forth an undisputed account of the events leading up to and immediately following the election by acclamation held by Local 101 on February 23, 2017.2

Defendant Local 101 is a local labor organization recognized by the LMRDA. See Stip. of Facts ¶ 5. At the time of the election, Local 101 represented "approximately 1600 active and retired members who were employed by three utility employers in Brooklyn and Queens." Id. ¶ 6. Pursuant to its bylaws, Local 101 conducts officer elections every three years for the purpose of electing a president, a vice president, a recording secretary, and a financial secretary-treasurer. The Official By-Laws of the Transport Workers Union Local 101, AFL-CIO , Article II: Officers Ex. A, ECF No. 16-3 ("Bylaws"). Constance Bradley was nearing the end of a three-year term as the union's president in early 2017 at the time that Local 101 was *85preparing to conduct the election in question. See Stip. of Facts ¶ 23.

I. The 2017 Election

After convening an election committee ("the committee") to develop governing rules for the 2017 election, Local 101 mailed a notice outlining the nomination and election process to all union members on January 10, 2017. Id. ¶ 8. The notice set out comprehensive instructions for members to follow if they were interested in running for one of the officer positions in the upcoming officer election, scheduled for March 23, 2017. Specifically, it provided that the "nomination period would run from February 6 through February 10, and that nominations could only be made by completing nominating petition forms provided by the union." Id. ¶ 9. The forms required candidates to collect the "original signatures of one hundred members in good standing" during the open nomination period, and to file their signed and completed petitions with the election committee by 6:00 p.m. on February 10, 2017. Id. ¶¶ 10-11. The notice stated that the committee would review all petitions and signatures to ensure compliance with the relevant rules, and would subsequently notify candidates of their eligibility to run by mailing them an "official [n]otice of [n]omination." Id. ¶¶ 23, 12. Further, it informed members that all candidates deemed eligible to run would be provided with a notice of acceptance form, which they would be instructed to sign and return "no later than noon on February 22, 2017." Id. ¶ 13 (internal quotation marks omitted); ¶¶ 24-25.

Only candidates who completed this final step-returning a signed letter formally accepting the nomination by the deadline-would be allowed to run in the election.3 See id. ¶ 29-31. If more than one candidate returned a signed letter of acceptance for a given position, Local 101 would organize a contested election in partnership with the American Arbitration Association. See Local 101 Transport Workers Union of America 2017 Notice of Nominations and Election, Official Election Rules 2 Ex. B, ECF No. 16-3 ("Official Election Rules"). For the 2017 election, ballots were to be mailed to all union members in good standing at their last known address on March 1, 2017. Id. Return ballots completed by voting members would be accepted until 5:00 p.m. on March 22, 2017, and votes were to be counted on March 23, 2017 at 9 a.m. by "representatives of the American Arbitration Association." Id. If, however, only one candidate was eligible for each position, Local 101 would not mail election ballots to members and would instead conduct an uncontested election, or election by acclamation. Id.

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Bluebook (online)
339 F. Supp. 3d 80, Counsel Stack Legal Research, https://law.counselstack.com/opinion/acosta-v-local-101-transp-workers-union-of-am-afl-cio-nyed-2018.