Multnomah Legal Services Workers Union v. Multnomah County Legal Aid Service, Inc.

723 F. Supp. 1398, 1989 U.S. Dist. LEXIS 12365, 1989 WL 122436
CourtDistrict Court, D. Oregon
DecidedOctober 6, 1989
DocketCV No. 89-464-PA
StatusPublished
Cited by2 cases

This text of 723 F. Supp. 1398 (Multnomah Legal Services Workers Union v. Multnomah County Legal Aid Service, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Multnomah Legal Services Workers Union v. Multnomah County Legal Aid Service, Inc., 723 F. Supp. 1398, 1989 U.S. Dist. LEXIS 12365, 1989 WL 122436 (D. Or. 1989).

Opinion

PANNER, Chief Judge.

Plaintiffs National Organization of Legal Services Workers, District 65, UAW, and Multnomah Legal Services Workers Union (Union) bring this action for injunctive relief against defendants Multnomah County Legal Aid Services, Inc. (MCLAS), and Legal Services Corp. (LSC). Plaintiffs seek an order (1) enforcing the arbitration decision interpreting the collective bargaining agreement (CBA) between the Union and MCLAS; (2) requiring MCLAS to comply with the arbitration decision; and (3) prohibiting LSC from requiring MCLAS to release employee personnel files or information contained in personnel files without the employees' consent, and prohibiting LSC from conditioning MCLAS funding on the release of personnel files.

LSC cross-claims against MCLAS, seeking an order that MCLAS perform its contract with LSC by providing access to all personnel files. LSC also cross-claims and counterclaims for a declaratory judgment that MCLAS has a statutory and contractual duty to provide LSC with employee personnel files and to require all MCLAS employees to cooperate with LSC’s monitoring and auditing.

Court trial was July 17, 1989. At trial, I allowed LSC ten days to respond in writing to my question on whether LSC will cut off MCLAS funding solely because of the position MCLAS takes in this litigation. LSC responded to my request on July 27, 1989, and MCLAS replied on August 3, 1989.

I grant judgment for plaintiffs. I deny judgment for LSC. These are my findings of facts and conclusions of law pursuant to Federal Rule of Civil Procedure 52.

FINDINGS OF FACT

This dispute stems from LSC’s demand to review the personnel files of MCLAS employees Stelle Kednay, a bookkeeper, and Donna Fausnaught, a receptionist, who are Union members. LSC demanded access to these files based on its statutory mission to monitor legal aid programs that receive money from LSC. However, the CBA prohibits MCLAS from releasing the personnel files of Union members except by consent or court order. MCLAS, forced to choose between breaching the CBA and disobeying LSC, decided to release the personnel files to LSC. Plaintiffs then brought this action.

I. Background

MCLAS, which employs fifteen attorneys, ten paralegals, and eleven support workers, provides legal services to 7,000 indigent clients a year. LSC supplies about half of MCLAS’s $1.2 million annual budget. As a condition of receiving money from LSC, MCLAS has agreed to

cooperate with all information collection, including surveys, questionnaires, monitoring, audit and compliance evaluation [1401]*1401activities undertaken by [LSC] ... and give [LSC] ... access to and copies of all records, books, papers and documents in the possession, custody or control of [MCLAS] except for that properly subject to the attorney-client privilege.

Grant Assurance Agreement, § 7, Defendants’ Exh. 150, at 4. MCLAS also agreed to “require all of its employees to give full cooperation to [LSC] personnel engaged in monitoring and/or auditing and/or conducting compliance investigations regarding” MCLAS. Id.

The Union has represented MCLAS attorneys and staff since 1984. The CBA provides:

No information from an employee’s personnel file shall be released without the employee’s consent, except pursuant to court process.

CBA, § 26.6, Plaintiffs’ Exh. 13, at 29.

The MCLAS personnel files usually contain the following employee documents: (1) resumes; (2) information sheets; (3) records of starting date, position, salary, and termination; (4) benefit forms; (5) W-4 forms; (6) personnel evaluations; (7) salary adjustment memos; (8) hiring memos; (9) formal disciplinary actions; (10) formal grievances; (11) employment verification request forms; and (12) 1-9 (Immigration Service Verification) forms. Items (2), (11), and (12) are available only from personnel files.

LSC is a private nonprofit District of Columbia corporation established by Congress to distribute money to legal aid programs. 42 U.S.C. §§ 2996a and 2996e(a)(l). Congress requires LSC to “monitor and evaluate and provide for independent evaluation” of legal services programs that receive LSC money. Id. at § 2996f(d). LSC may

prescribe the keeping of records with respect to funds provided by grant or contract and shall have access to such records at all reasonable times for the purpose of insuring compliance with the grant or contract or the terms and conditions upon which financial assistance was provided.

Id. at § 2996g(b). LSC also may

insure the compliance of recipients and their employees with the provisions of [the Legal Services Corporation Act], and the rules, regulations, and guidelines promulgated pursuant [to this Act], and to terminate, after a hearing in accordance with [42 U.S.C. § 2996j], financial support to a recipient which fails to comply-

Id. at § 2996e(b)(l)(A).

In fiscal years 1987 and 1988, the Senate Appropriations Committee required that during monitoring by LSC, “[Requests for production of documents and other materials [be] reasonable and pertinent.” Plaintiffs’ Trial Brief, Exh. 2, at 3. Senator Alan Cranston explained why the Committee imposed this and other requirements on LSC:

The Senate Appropriation Committee has, for 2 years in a row, in its committee reports accompanying the annual appropriation, directed [LSC’s] staff to revise its monitoring procedures to halt the harassment and undue delays that have permeated the conduct of these visits to local programs.

5.Res. 421, 100 Cong., 2d Sess., 134 Cong. Ree. S4795 (daily ed. April 26, 1988).

LSC drafted guidelines requiring that monitors review “necessary and appropriate materials which provide information on the recipient’s delivery of services, budget, and compliance with all applicable law,” and “pertinent files for required documentation and for purposes of verifying the accuracy of information provided to LSC.” LSC Monitoring Handbook, Plaintiffs’ Exh. 6, at 17.

An internal LSC document, “Access to Documents,” requires that monitors determine that a document request is “both necessary and reasonable.” Plaintiffs’ Exh. 7, at 3. LSC has no written policies for determining whether a document request is necessary and reasonable, or when personnel files must be reviewed.

The LSC Board of Directors requires the LSC president to issue “a written prelimi[1402]*1402nary determination of grounds for suspension of financial assistance” five working days after the LSC president learns that a recipient has “by refusal or by invitation to negotiate or by any other means” failed to produce “any material, in whole or in part, at the Corporation’s request.” Plaintiff’s Exh. 7, Access to Documents, at 2.

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723 F. Supp. 1398, 1989 U.S. Dist. LEXIS 12365, 1989 WL 122436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/multnomah-legal-services-workers-union-v-multnomah-county-legal-aid-ord-1989.