Kupau v. Yamamoto

622 F.2d 449, 105 L.R.R.M. (BNA) 2260
CourtCourt of Appeals for the Ninth Circuit
DecidedJune 30, 1980
DocketNos. 78-2915, 79-4056 and 79-4354
StatusPublished
Cited by33 cases

This text of 622 F.2d 449 (Kupau v. Yamamoto) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kupau v. Yamamoto, 622 F.2d 449, 105 L.R.R.M. (BNA) 2260 (9th Cir. 1980).

Opinion

SCHROEDER, Circuit Judge:

These consolidated appeals arise out of a union election and the disputed candidacy of an insurgent union member, Mr. Kupau, in his challenge of the incumbent leadership of the United Brotherhood of Carpenters and Joiners of America, Local 745. The appeals raise significant questions concerning the remedies provided under Title I and Title IV of the Labor Management Reporting and Disclosure Act (LMRDA). 29 U.S.C. §§ 401 et seq.

Although the union originally permitted Kupau to run for office, the union declared, after he had apparently won the election, that he was ineligible. It refused to install him as Financial Secretary-Business Representative. We hold that Kupau properly invoked the district court’s jurisdiction under Title I of the LMRDA. Title I guarantees equal voting and nominating rights to union members in union elections and permits a private civil action for relief, including injunctive relief. 29 U.S.C. §§ 411(a)(1), 412. In appeal No. 78-2915 we affirm the district court’s award of a preliminary injunction compelling Kupau’s in[452]*452stallation as a union officer. See Kupau v. Yamamoto, 455 F.Supp. 1084 (D. Haw. 1978).

After the injunction was entered the Secretary of Labor filed the complaint in Marshall v. Local Union No. 745, on behalf of Kupau’s opponent, the incumbent Stanley Ito under Title IV of the LMRDA. Kupau appeals in No. 79-4056, from the denial of his motion to intervene in the Title IV litigation. This Court has treated such an order as appealable, see Brennan v. Silvergate Dist. Lodge No. 50, International Ass’n of Machinists, 503 F.2d 800 (9th Cir. 1974), and the case is properly before us. We hold that the Title IV actions should be dis- • missed.1

Background

Appellees Gordon Yanagawa and Robert Oyadomari nominated Kupau for the office of Financial Secretary-Business Representative of the Local. Kupau’s principal opponent in the election, the incumbent Ito, received the support of the union’s other incumbent officers who ran for office on the same slate with Ito.

The union constitution and bylaws required each candidate for office to be “working at or depending on the trade for a livelihood.” The union established an election committee of rank and file members to determine the eligibility of the nominees. Because Kupau was at the time working as a project manager of a housing development and not working with carpentry tools, the committee originally questioned his eligibility. Upon consideration of additional materials describing Kupau’s duties and responsibilities, however, the committee concluded that Kupau was eligible.

Among the materials considered by the committee was a letter from Mr. Sidell, the international union’s General. President in Washington, D.C., concluding that an individual with duties and responsibilities similar to Kupau’s would be eligible to run for office. Sidell’s advisory ruling had been solicited by Kupau’s supporters who desired official assurance that Kupau would be permitted to run. The Kupau supporters testified that, if Sidell had ruled otherwise, they would have nominated someone else to run against the incumbent candidate. No further questions concerning Kupau’s eligibility surfaced prior to the election. In an article prepared prior to announcement of the election results, Kupau’s opponent, Ito, wrote in the union newspaper that the election had been conducted fairly.

Kupau defeated Ito by a narrow margin and a third candidate finished far behind. After the election, however, Ito filed a protest with General President Sidell charging that Kupau had been ineligible under the union’s working at the trade requirement. Sidell requested a statement of the Local’s position on the question. Without notifying Kupau or soliciting information from the election committee originally responsible for this type of eligibility decision, the union permitted Ito himself to do much of the union’s investigation. The union then convened a meeting of the Local’s executive board. In a departure from customary practice, the union leadership did not invite unit officers representing the rank and file membership to attend this meeting. Six of the eight individuals present at this closed session had run in the election on the common slate of incumbent candidates. General President Sidell adopted the board’s conclusion that Kupau had been ineligible to run for union office and the union refused to install him.

Kupau and his supporters filed a complaint in district court, Kupau v. Yamamoto, alleging a violation of Title I of the LMRDA and seeking an injunctive order requiring Kupau's installation as Financial [453]*453Secretary.2 The district court heard extensive testimony and concluded that Kupau had made a sufficient showing of a denial of Title I equal voting rights to permit a private action. The trial court further concluded that Kupau was likely to prevail on the merits and issued a preliminary injunction ordering his installation. Appellants now challenge the award of preliminary injunctive relief. This Court has previously denied a stay of that injunction pending appeal.

Shortly after the appeal was taken from the trial court’s decision, Ito filed a complaint with the Secretary of Labor under Title IV of the LMRDA challenging Kupau’s eligibility. Following an investigation, the Secretary determined that there was probable cause to believe that Kupau’s installation would violate Title IV. The Secretary filed an independent suit in district court against the union pursuant to 29 U.S.C. § 482, Marshall v. Local Union No. 745. The Secretary and the union, adversaries only nominally, sought to enter a consent decree in the Title IV action setting aside Kupau’s election and providing for a new election between Ito and the third candidate. Kupau moved to intervene in that action, and the trial court’s denial of that motion is now appealed.

The issues before us can be summarized as follows:

1. Did the trial court have jurisdiction to entertain Kupau’s action under Title I of the LMRDA?

2. If so, does the record support the granting of a preliminary injunction?

3. What is the proper status of the complaint filed by the Secretary of Labor purportedly pursuant to Title IV of the LMRDA?

The District Court’s Jurisdiction Under Title I

The underlying dispute in all of these appeals concerns a union election and the right of a union member to run for office. Both Title I and Title IV address matters involving union elections. Title I, denominated a Bill of Rights, guarantees, in 29 U.S.C. § 411(a)(1), “equal rights and privileges” to nominate and vote for candidates. Title IV, 29 U.S.C. §§ 481 et seq., regulates the conduct of union elections in some detail.

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Bluebook (online)
622 F.2d 449, 105 L.R.R.M. (BNA) 2260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kupau-v-yamamoto-ca9-1980.