American Federation of Musicians v. Wittstein

379 U.S. 171, 85 S. Ct. 300, 13 L. Ed. 2d 214, 1964 U.S. LEXIS 2149, 57 L.R.R.M. (BNA) 2566
Supreme Court of the United States·Decided December 7, 1964·No. 27·Published·Cited by 91 cases

Opinion

*172 Mr. Justice White

delivered the opinion of the Court.

The issue presented in thesé suits is whether § 101 (a) (3) of the Labor-Management Reporting and Disclosure Act of 1959 1 providing that the dues of an international union “shall not. be increased . . . except ... by majority vote of the delegates voting at a regular convention” prohibits the vote of delegates at a national convention of the union, as authorized by its constitution, from being weighted and counted according to the number of members in the local that the delegate represents.

*173 I.

The petitioner American Federation of Musicians (Federation) is an international labor organization comprising 675 locals in the United States and Canada. As .with numerous other national and international labor organizations having many scattered locals. of varying size, Federation’s constitution and bylaws have long authorized alternative methods of ascertaining the vote of the delegates representing the locals at a union convention. Each local is entitled to one delegate for each 100 members or major fraction thereof, not to exceed three delegates from any one local. Federation’s bylaws permit a voice vote of the delegates attending a convention in all cases, which is the method often used on routine noncontroversial matters. When amendments to the union constitution or bylaws are at issue, however, the delegates representing the locals, upon a roll call vote, may cast as many votes as there are members in the respective locals. A roll call vote is required upon the demand of 10 delegates or five locals. All amendments to the bylaws and constitution approved by a roll call vote are required under the constitution to be referred to a convention committee which may approve or veto the proposal. 2

*174 At petitioner’s 1963 annual convention, a resolution increasing the per capita dues of all members, approximately 255,000, was submitted to the delegates. After the chairman ruled that two voice votes of the delegates were inconclusive, a delegate speaking on behalf of five locals requested a roll call vote in accordance with Federation’s constitution. The rules governing a roll call vote were explained to the delegates. Delegates were to cast as many votes as there were members in the local that they represented. If the delegates from a given local were in disagreement, the total votes of that local were to be divided among the delegates. The roll call was taken and the recommendation carried by some 44,326 votes, with less than one-half of the delegates present voting in favor of the proposal.

Respondents, members of several -locals whose delegates voted for or against the resolution at the convention, brought these suits against Federation and one of its locals to have the resolution declared null and void and its. implementation enjoined. In the District Court, summary judgment in the consolidated actions was rendered for the respondent union members. 223 F. Supp. 27 (D. C. S. D. N. Y.). Finding that the material facts about the enactment of the dues resolution in regard to the issue under § 101 (a)(3)(B) were not in dispute, that court ruled that weighted voting did not comply with § 101 (a)(3)(B)’s requirement of approval by “majority-vote of the delegates voting at a regular convention.” Á divided Court of Appeals affirmed. 326 F. 2d 26 (C. A. 2d Cir.). Although noting that weighted voting “is to all *175 appearances the most ‘democratic’ method, in the sense that each member is duly ‘represented,’ ” it held that the plain language of § 101 (a)(3)(B) requires that each delegate be allowed but one vote regardless of the number of members he represents. The question being an important one of' first impression under the LMRDA, we granted certiorari. 376 U. S. 942. We hold that § 101 (a)(3)(B) does not prohibit a weighted-voting system under which delegates cast a number of votes equal to the membership of the local union from which they are elected.

II.

Under § 101 (a) (3) (B) an international union may increase membership dues or levy an assessment by majority voté of the members voting in a membership referendum, by majority vote of the members of the executive board, effective, however, only to the next regular conventipn, or “by majority vote of the delegates voting at a . . . convention.” The quoted language, it is said, authorizes only one system of voting: a head count of the delegates at a convention. Just as each member and each executive board member is entitled to one vote, so too each delegate may cast only his single vote. There cannot be a majority vote of the delegates voting, the argument proceeds, unless a delegate casts but one vote, no more or less, and the affirmative votes cast add up to a majority of the delegates voting. So far the argument is based solely upon what is said to be the literal meaning of the statutory language; there is no suggestion that § 101 (a) (3) (B) embodies an accepted or preferable system of representation by delegates or that the provision requires any set number of delegates at a convention or any particular relationship between the size of the local and the number of representatives at the convention.

*176 We do not think this is the only fair import of the language in § 101 (a)(3)(B). The section requires a majority vote of the delegates voting. It does not state that a dues increase must be approved by a majority of the delegates voting at a convention. The respondents’ construction renders the key word “vote” entirely superfluous, although that word describes what is to be counted to determine a majority. The provision on its face prescribes only by whom the vote must be cast — a delegate to a convention — and the proportion of votes needed for passage — a majority of the votes cast. The statute does require that those voting at a convention be delegates, but it says nothing about the number of votes each delegate may cast. Where the “vote” cast at a convention is weighted according to the number of people the delegate represents, that vote, we think, is a vote of a delegate. We believe that a majority vote so determined in favor of a dues increase is approval by majority vote of the delegates voting at a. convention.

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American Federation of Musicians v. Wittstein, 379 U.S. 171, 85 S. Ct. 300, 13 L. Ed. 2d 214, 1964 U.S. LEXIS 2149, 57 L.R.R.M. (BNA) 2566 (1964).

379 U.S. 171 (American Federation of Musicians v. Wittstein) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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