Petramale v. Local No. 17 of Laborers' International Union

671 F. Supp. 261, 128 L.R.R.M. (BNA) 2354, 1987 U.S. Dist. LEXIS 8868
CourtDistrict Court, S.D. New York
DecidedOctober 1, 1987
DocketNo. 81 Civ. 4817 (IBC)
StatusPublished
Cited by3 cases

This text of 671 F. Supp. 261 (Petramale v. Local No. 17 of Laborers' International Union) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Petramale v. Local No. 17 of Laborers' International Union, 671 F. Supp. 261, 128 L.R.R.M. (BNA) 2354, 1987 U.S. Dist. LEXIS 8868 (S.D.N.Y. 1987).

Opinion

OPINION

IRVING BEN COOPER, District Judge.

Defendants move for judgment non ob-stante veredicto (“JNOV” or “judgment n.o.v.”) pursuant to Fed.R.Civ.P. 50(b), or in the alternative, for a new trial pursuant to Fed.R.Civ.P. 59(a). Plaintiff opposes the motion.

In order to clarify the basis of this motion, it is necessary to reiterate the facts of the underlying action which, as to the liability issue, were found by our Circuit Court. 736 F.2d 13 (2d Cir.1984), cert. denied, 469 U.S. 1087, 105 S.Ct. 593, 83 L.Ed.2d 702 (1984).

Plaintiff has been a member of defendant Local No. 17 (“Local 17” or “the Local”) of former defendant Laborers International Union of North America (“LIU-NA” or “the International”) for more than thirty years. At times relevant to this litigation, Local 17’s president was defendant Anthony Galietta; its business manager was defendant Lorenzo Diorio; and its Secretary-Treasurer was defendant Lawrence Diorio.

At the regular meeting of the Local held on August 29, 1980, one of the union members, Anthony DuBaldi, became involved in a scuffle; plaintiff came to his aid. Plaintiff was confronted by other members; an altercation resulted and the police were called. After order was restored, Petra-male stood up and spoke without recognition by the chair. According to the minutes of the meeting:

Br. Pat Petramale stated from the back of the meeting Hall that all three of you are crooks, Referring to the three Delegates on the rostrum. All the fucking Officers are crooks. The whole fucking Union and International is crooked, and Br. Reed and Br. Curry Naming the Election Committee are fucking liars. Fuck you all, you laborers deserve these people. I’m getting out of this fucking Union. They took all your money.

Following his remarks, Petramale exited from the meeting. At trial, he admitted that his' words were critical of union officials, but he denied use of any expletives.

Two days later, a story about the meeting was reported in the local newspaper. The article stated, inter alia:

A rift within the local has been widening since the June 20 election. Elections Committee member Pasquale “Pat” Pe-tramale of Kingston, called this election “corrupt and fixed” while he spoke on the floor of the meeting Friday night....
Petramale, a former supporter of Dior-io who testified against him during the election dispute, claimed the outbreak of [263]*263violence was “set up” by the union leadership.
He charged he was laid off from his job as flagman on the Route 9W arterial project at Kingston earlier Friday because of his opposition to Diorio. Petra-male said he has been a union member for more than 30 years.

On September 3, intra-union disciplinary charges were filed against plaintiff which read:

This is to inform you that Brother Lorenzo Diorio, ... Brother Anthony Galietta, ... Brother Lawrence Diorio, ... all members in good standing in Local No. 17 are preferring charges against Brother Patsy Petramale ... for actions and violations against the officers of the local union and the international union under “Obligations of Members,” Section 3 Page 8 of the Uniform Local Union Constitution [the International Constitution, applicable to all Locals].
The specific instances I am referring to are on August 29, 1980 at the Regular Monthly Membership Meeting Brother Petramale violated Section 3 under Art. Ill:
(f) by conducting himself in such a manner as to interfere with the proper and orderly conduct of the business of the local union by using vulgar and profane language and slanderous statements and accusations against the officers of the local union and the international union.
(g) by willfully slandering the officers of the local union and the international union by circulating false reports and gross misrepresentations about their honesty at the regular membership meeting.
Brother Petramale slandered the officers in the Middletown Record August 31, 1980 by stating that the election was corrupt and fixed and also when he claimed that the outbreak of violence was set up by the union leadership.

The charges directly reflected the language of Article III, section 3 of the Uniform Local Union Constitution (“ULUC”). The relevant sections of the ULUC read:

(f) To refrain from attending a meeting or function under the influence of liquor or conducting himself in such a manner as to interfere with the proper and orderly conduct of ... business ...: at no time use vulgar or profane language nor make any slanderous statements or accusations toward any member or officer of the Local Union ...
(g) To refrain from willfully slandering the International Union ... or Local Union or any officer or member thereof ... and from circulating false reports or gross misrepresentations about the honesty of officers or members ...1

A hearing was held by the Trial Board of Local 17 at which the minutes and newspaper article were the sole evidence. The Board found Petramale “guilty of all charges,” fined him $1,500.00 and suspended him from attendance at union meetings for a period of ten years — discipline which was subsequently approved by the membership of the Local. An appeal to LIUNA was then made by plaintiff.

The Hearing Panel of LIUNA modified the conclusions of the Trial Board by finding that Petramale’s conduct at the August 29 meeting violated Article III, sections 3(f) and (g), rescinding the fine and reducing the suspension to two years. On December 3, 1981, the suspension was reduced to meetings already passed. Plaintiff was never ousted from membership in the union.

Plaintiff instituted this action claiming that the discipline and union constitutional provisions on which it was based violated his statutory rights of free speech as provided in section 101 of the Labor Management Reporting and Disclosure Act (“LMRDA”).

A jury verdict in favor of defendants and against plaintiff was rendered. On appeal, the Second Circuit Court of Appeals found [264]*264that plaintiff’s claims for declaratory and injunctive relief pursuant to subsections (f) and (g) of Article III section 3 of the ULUC were moot since the relevant portions of those subsections had been deleted by LIU-NA. The Circuit stated that plaintiff’s claims for injunctive relief against the discipline imposed by the Local are viable and ordered us to enter an appropriate order to that effect. Finally, the Circuit held that when discipline is imposed on a number of grounds, one of which involves protected speech, the discipline is unlawful. The Court reversed and ordered that plaintiff’s claims for damages and fees had to be adjudicated on remand. 736 F.2d at 18.

On November 13, 1985 we entered an order directing the entry of judgment in favor of plaintiff on the issue of liability.

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671 F. Supp. 261, 128 L.R.R.M. (BNA) 2354, 1987 U.S. Dist. LEXIS 8868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/petramale-v-local-no-17-of-laborers-international-union-nysd-1987.