Philadelphia Division v. Pennsylvania Telephone Guild

573 F. Supp. 314, 1983 U.S. Dist. LEXIS 13239
CourtDistrict Court, E.D. Pennsylvania
DecidedSeptember 30, 1983
DocketCiv. A. No. 82-1639
StatusPublished

This text of 573 F. Supp. 314 (Philadelphia Division v. Pennsylvania Telephone Guild) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Philadelphia Division v. Pennsylvania Telephone Guild, 573 F. Supp. 314, 1983 U.S. Dist. LEXIS 13239 (E.D. Pa. 1983).

Opinion

MEMORANDUM RE: PETITION FOR AN AWARD OF FEES AND EXPENSES

SHAPIRO, District Judge.

Plaintiffs, Philadelphia Division, Pennsylvania Telephone Guild, John Zawackis and [316]*316Edward Clark, by and through their attorneys, Markowitz & Richman, have petitioned the court for an award of attorneys’ fees and expenses from defendants. Plaintiffs have filed their petition for counsel fees and costs pursuant to the Labor Management Reporting and Disclosure Act (“LMRDA”), § 501(b), 29 U.S.C. § 501(b), and set forth the following grounds therefor:

1. The instant complaint was filed on April 13, 1982.

2. The complaint alleged violations of Titles I and V of the LMRDA and Section 301 of the Labor Management Relations Act.

3. On April 15, 1982, a preliminary injunction hearing was held on this matter and on November 18, 1982 a final hearing was held. In the interim, the parties engaged in discovery.

4. On April 15, 1982, December 20, 1982, and January 5, 1983, the court issued Orders in the ease. On December 20, 1982, the court rendered its Opinion in this matter.

5. The court held, inter alia, that defendants had violated their fiduciary responsibilities under Title V of the LMRDA. The court ordered that a referendum be conducted among the membership of the Pennsylvania Telephone Guild at which time the membership of the Guild would be entitled to vote either for a proposal submitted by District 38 of the Guild, a proposal submitted by the Executive Council of the Guild, or against both proposals. After a mail ballot held in accordance with the court’s Orders of January 5, February 10 and February 24, 1983, neither proposal carried by the requisite majority of the membership.

6. As a result of the Opinion and Orders of this court, in providing an opportunity for the membership to vote on its proposal, plaintiffs were prevailing parties in this matter but only in part.

The court's Order prevented a vote only on the Executive Council proposed constitutional amendment affiliating the Guild with the Telecommunications International Union (“TIU”) but permitted the membership to vote on that proposal together with a constitutional amendment proposed by plaintiffs that would have affiliated the Guild with the Federation of Telephone Workers of Pennsylvania (“FTWP”). Plaintiffs had opposed a vote on the Executive Council proposal and contended the plaintiffs’ proposal required only a favorable majority of those voting. But the court held that each of these proposals, if adopted, would have affected the affiliation Article (XII) as well as other provisions of the present constitution and that, in order for either proposal to be adopted, it had to receive an affirmative vote of a majority of the entire membership not just a majority of those voting.

The court also held that the Executive Council members breached their fiduciary duty as union officials and violated the Guild Constitution because they did not submit the District 38 petition to a vote of the membership before or at the same time as the Executive Council’s proposed TIU affiliation amendment. Although the court agreed with the defendants that any affiliation proposal required a majority vote of the entire membership, it held that neither this reason nor any other reason given by the Executive Council members justified a refusal to submit the District 38 amendment proposal to the membership for vote.

7. Section 501(b) of the LMRDA, 29 U.S.C. § 501(b), states that the trial judge “may allot a reasonable part of the recovery in any action under this subsection to pay the fees of counsel.” The use of the word “may” indicates the granting of attorneys’ fees is not mandatory or automatic and that the trial judge may, in her discretion, award them or not award them or award some portion of them. Under Section 501(b), an Award of Fees and Expenses is justified where the results of an action under Title V of the LMRDA have conferred a substantial benefit on the membership of the union.

[317]*3178. By procuring an Order that the membership of the Guild was entitled to vote on the various proposals involved in this case, after being fully informed as to each by means of the Guild publication, the “Dial Tone,” and ensuring the right of members to express their views through an independent mailing service, plaintiffs have ensured that the membership of the Guild will be able to determine the direction their union will take and thus have conferred a substantial benefit on the membership of the Guild.

9. In Hughes v. Repko, 578 F.2d 483 (3d Cir.1978), the Court of Appeals held that in order to determine the “prevailing party” the district court should analyze results obtained by the petitioning party in particular claims; in the present context the prevailing party on a particular claim is one who essentially succeeded on such claim. In calculating the fee in connection with successful claims, the district court will award attorneys’ fees only for hours of legal service expended on such successful claims or reasonably related to and supportive of them.

10. The district court must determine the amount of a reasonable fee by multiplying the number of hours reasonably expended by a reasonable hourly rate. The party seeking an award of fees must submit evidence supporting the hours worked and rates claimed and should make a good-faith effort to exclude from a fee request hours that are excessive, redundant, or otherwise unnecessary. The district court must exclude from its initial fee calculation the hours that were not “reasonably expended.” Other considerations may lead the district court to adjust the fee upward or downward, including the important factor of the “results obtained.” Hensley v. Eckerhart, — U.S. —, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983).

11. A district court may award attorneys’ fees and costs to union members who file an action to redress their rights under Title 1 of the LMRDA, 29 U.S.C. §§ 401-531. Pawlak v. Greenawalt, et al., 713 F.2d 972 (3d Cir.1983). Although Title 1 of the LMRDA contains no provision for an award of attorneys’ fees, the Supreme Court recognized in Hall v. Cole, 412 U.S. 1, 7-9, 93 S.Ct. 1943,1947-1948, 36 L.Ed.2d 702 (1973), that reimbursement of the successful plaintiff’s attorney’s fees in an action to vindicate rights under Title 1 of the LMRDA is authorized under the common benefit doctrine affirmed in Mills v. Electric Auto-Lite, 396 U.S. 375, 393-97, 90 S.Ct. 616, 626-28, 24 L.Ed.2d 593 (1970).

The Court explained how LMRDA cases could come within the common benefit doctrine. Noting that Title I of LMDRA [sic] ‘was specifically designed to promote the “full and active participation by the rank and file in the affairs of the union,” ’ Hall v. Cole, 412 U.S. at 7-8 [93 S.Ct. at 1947-1948], quoting American Federation of Musicians of the United States and Canada v. Wittstein,

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Related

American Federation of Musicians v. Wittstein
379 U.S. 171 (Supreme Court, 1964)
Mills v. Electric Auto-Lite Co.
396 U.S. 375 (Supreme Court, 1970)
Hall v. Cole
412 U.S. 1 (Supreme Court, 1973)
Hensley v. Eckerhart
461 U.S. 424 (Supreme Court, 1983)
Hughes v. Repko
578 F.2d 483 (Third Circuit, 1978)
Pawlak v. Greenawalt
713 F.2d 972 (Third Circuit, 1983)

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Bluebook (online)
573 F. Supp. 314, 1983 U.S. Dist. LEXIS 13239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/philadelphia-division-v-pennsylvania-telephone-guild-paed-1983.