International Brotherhood of Teamsters v. Eastern Conference of Teamsters

162 F.R.D. 25, 150 L.R.R.M. (BNA) 2169, 1995 U.S. Dist. LEXIS 8258, 1995 WL 366120
District Court, S.D. New York·Decided June 15, 1995·No. Nos. 94 Civ. 1950 (DNE); 94 Civ. 2247 (DNE)·Published·Cited by 9 cases

Opinion

MEMORANDUM & ORDER

This Memorandum and Order emanates from defendants’ request, pursuant to Federal Rule of Civil Procedure 16, for a pretrial conference. Defendants seek this conference to resolve a discovery dispute that arose between defendants and certain non-party deponents. Defendants seek discovery from these non-party deponents, and these deponents contend that defendants’ discovery requests are unduly burdensome and inquire into matters irrelevant to the instant litigation.

In the instant consolidated action, defendants are the International Brotherhood of Teamsters (“IBT” or “Union”) and IBT General President Ronald Carey (“Carey”). Plaintiffs are the Central Conference of Teamsters, the Eastern Conference of Teamsters, the Southern Conference of Teamsters, the Western Conference of Teamsters (“the Conferences”), and various officers who represent these respective conferences.1 On March 21, 1994, the Union brought an action seeking declaratory relief pursuant to section 301 of the Labor Management Relations Act (“the LMRA”), 29 U.S.C. § 185, and Title I, Title III, and Section 609 of the Labor Management Reporting and Disclosure Act (“LMRDA”), 29 U.S.C. §§ 411 et seq., 461 et seq., and 529.2 On March 30, 1994, plaintiffs, in turn, brought an action seeking declaratory and injunctive relief pursuant to section 301 of the LMRA, 29 U.S.C. § 185, and sections 101, 302, 304, and 609 of the LMRDA, 29 U.S.C. §§ 411, 462, 464, and 529. These two suits were consolidated into the instant case. See International Bhd. of Teamsters v. Eastern Conference of Teamsters, 94 Civ. 1950 (S.D.N.Y.), Central Conference of Teamsters v. International Bhd. of Teamsters, 94 Civ. 2247 (S.D.N.Y.) (Stipulation and Order, dated June 1, 1994).

Under the IBT Constitution, the Conferences are “organized and chartered as subordinate bodies of the [IBT] for such geographical area, industries or companies as the General Executive Board may from time to time direct.” IBT Constitution, Article XVI, section 1. Each of the Conferences was chartered pursuant to this provision.

Plaintiffs contend that, in early 1994, a disagreement erupted between the Conferences and defendant Carey over a proposed increase in Union membership dues. Plaintiffs allege that in January 1994, “defendant Carey advised all IBT affiliates that the Gen[27] eral Executive Board had authorized him to ‘conduct a mail referendum of the Union’s membership on whether to raise dues.’ ” (Plaintiffs’ Complaint ¶ 13 (quoting defendant Carey).) Thereafter, plaintiffs publicly opposed this proposed dues increase. Plaintiffs contend that their opposition sparked a dispute that became increasingly bitter during February and March 1994.

Plaintiffs contend that because of their opposition to this dues increase, defendant Carey sought to revoke the Conferences’ respective charters. On March 21, 1994, the IBT brought suit, seeking a declaratory judgment that, inter alia, defendants have the authority to revoke the Conferences’ respective charters. On the same day, plaintiffs allege that defendant Carey “notified plaintiff Area Conferences and their Chairmen of his intent to abolish the Conferences.” (Plaintiffs’ Complaint ¶ 17.) On March 30, 1994, plaintiffs brought suit, seeking, inter alia, a declaratory judgment that defendants lacked the authority to revoke the Conferences’ respective charters. Since the filing of these actions, the parties have engaged in extensive discovery, involving depositions throughout the United States.

By letter, dated April 21, 1995, defendants requested a pre-trial conference, pursuant to Federal Rule of Civil Procedure (“Rule”) 16, because “[rjecurring problems with non-party discovery in these cases demonstrate the need for guidance from this Court.” In their letter, defendants referred specifically to subpoenas that defendants served on Richard Leebove, RL Communications, and George Geller, none of whom is a party to the above-captioned litigation (“the non-party deponents”). Defendants represent that the discovery disputes encountered in the context of these non-party depositions are likely to recur in the context of other depositions in this litigation. In fact, this same discovery dispute may well arise during depositions of the plaintiffs themselves.

According to the papers submitted to this Court, Richard Leebove is a public relations consultant, RL Communications, Inc. is Mr. Leebove’s public relations firm, and George Geller is a labor lawyer. All three are located in Michigan. Defendants aver that these non-party deponents worked in association with plaintiffs in efforts to avert the revocation of the Conference charters, and subsequently assisted with the establishment of an organization called the “Real Teamster Caucus,” which defendants suggest is “a potential unauthorized successor to the Conferences” and “a potential political organization serving electoral objectives of the Conference leaders and their associates, funded with members’ dues money and operating without accountability, outside the supervisory mechanisms of the IBT Constitution and the Consent Decree.” (Defendants’ Memorandum Concerning Appropriate Guidelines for Discovery at 9 (quoting defendants’ April 21, 1995, letter to this Court).)

Defendants further aver that these non-party deponents initially “categorically refused to comply with discovery requests regarding their IBT-related activity prior to the event of Conference charter revocation.” (Id. at 9-10.) Defendants represent that the non-party deponents subsequently “moved for a protective order in the District Court for the Eastern District of Michigan in regard to any questions or document requests relating to their past history in the IBT, and, in certain respects, to any requests involving the [Real Teamster Caucus],” but modified their position by “agreeing to respond in a limited fashion to some of the discovery requests.” (Id. at 10.)

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International Brotherhood of Teamsters v. Eastern Conference of Teamsters, 162 F.R.D. 25, 150 L.R.R.M. (BNA) 2169, 1995 U.S. Dist. LEXIS 8258, 1995 WL 366120 (S.D.N.Y. 1995).

162 F.R.D. 25 (International Brotherhood of Teamsters v. Eastern Conference of Teamsters) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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