Savage v. Tweedy

895 F. Supp. 2d 1063, 2012 WL 3962361, 194 L.R.R.M. (BNA) 2659, 2012 U.S. Dist. LEXIS 128226
CourtDistrict Court, D. Oregon
DecidedSeptember 10, 2012
DocketNo. 3:12-cv-1317-HZ
StatusPublished
Cited by1 cases

This text of 895 F. Supp. 2d 1063 (Savage v. Tweedy) 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
Savage v. Tweedy, 895 F. Supp. 2d 1063, 2012 WL 3962361, 194 L.R.R.M. (BNA) 2659, 2012 U.S. Dist. LEXIS 128226 (D. Or. 2012).

Opinion

OPINION & ORDER

HERNANDEZ, District Judge:

Now before me is Plaintiffs’ Motion for Preliminary Injunction (“Motion”) (doc. #2)1 filed by Peter Savage (“Savage”), Cliff Puckett (“Puckett”), Gabe Triplett (“Triplett”), and V. Michael Wallace (“Wallace”) (collectively “Plaintiffs”). Plaintiffs’ Motion seeks an order that Defendants: (1) “be preliminarily enjoined from implementing any aspect of the penalties imposed against [PJlaintiffs July 13, 2012, [sic]”; (2) “be preliminarily enjoined to reinstate [PJlaintiffs to any offices from which they have been removed pursuant to said penalties”; (3) “be preliminarily enjoined from denying [PJlaintiffs any right or privilege of membership in the United Brotherhood of Carpenters or any subordinate body thereof’; and (4) “be preliminarily enjoined from taking any action to collect the fines imposed on [PJlaintiffs pursuant to said discipline or penalizing plaintiffs in any way for failure to pay such fines”. Mem., p. 2.

On August 10, 2012, a hearing was held and I issued an order denying Plaintiffs Motion, stating that this Opinion & Order would soon follow.

BACKGROUND

The Complaint alleges two “Counts”. “Count I” alleges violations of free speech and equal voting rights. It alleges that “[b]y running for office, campaigning on behalf of Reform Party candidates, voicing opposition to ... [Doug Tweedy [1066]*1066(“Tweedy”) ], and voicing other opinions concerning union affairs, [Plaintiffs engaged in activities protected under Sections 101(a)(1) and (2) of the [Labor Management Reporting and Disclosure Act (“LMRDA”) ], 29 U.S.C. § 411(a)(1) and (2)”2 and that Defendants retaliated against and interfered with Plaintiffs’ protected rights. See Compl., ¶¶ 36^40. “Count II” alleges violations of Plaintiffs’ due process rights in violation of Section 101(a)(5) of the LMRDA, 29 U.S.C. 411(a)(5)3 by “failing to adhere to applicable Bylaws and Constitutional requirements, purposefully selecting a biased Trial Committee, assisting] ... the prosecution by individuals in neutral roles, coordinatfing] with sequestered witnesses, and other irregularities.” Compl., ¶¶41-43.

The factual allegations in the Complaint allege as follows:

Plaintiffs are members of Local Union 156, a local union established in January 2011 in Oregon City, Oregon, by the United Brotherhood of Carpenters and Joiners of America (“UBC” or “International Union”). Savage is campaigning for the position of Executive Secretary Treasurer (“EST”), currently held by defendant Tweedy and is a supporter of the “Reform Party”.4 Puckett is a member of Local 156 and actively campaigned for Savage and the Reform Party. Wallace is a member of Local 156 and ran as a member of the Reform Party. Triplett is a member of Local 156, and although he has not run for office in recent elections and was not disciplined, he participated in the phone banking for which the other Plaintiffs were disciplined and thus, “brings suit to vindicate his right as a union member to be represented by the candidates for whom he voted”. Id., ¶ 4.

Defendants include (1) UBC, a labor organization within the meaning of 29 U.S.C. § 402(i); (2) Pacific Northwest Re[1067]*1067gional Council of Carpenters (“Council” or “Regional Council”), a subordinate body of the International which has “jurisdiction” in Oregon, Washington, Idaho, Wyoming and Montana; and (3) Tweedy, the presiding Regional Council EST. Compl., ¶¶ 4-7.

In December 2011 Local Union 156 conducted elections in which Wallace ran for the position of Delegate to the Regional Council and Puckett ran for the position of Local Union 156 Vice President and Delegate to the Regional Council. Both won their respective elections.

Defendants assert that during the 2011 Local Union 156 elections, Plaintiffs engaged in conduct that tainted the election by improperly obtaining access to Local Union 156’s confidential membership list, using Local Union 156’s offices to conduct mass phone banking, and using union staff to keep Local Union 156 offices open after hours without approval from Local Union 156’s Executive Board, Election Committee, or members. A member of Local Union 156 filed an election protest with the UBC General President regarding Plaintiffs’ alleged improper activities, and based on a directive from General President, Local Union 156 was required to rerun the December 2011 election.

Plaintiffs were charged in January 2012 by members of Local Union 156 for violating various provisions of the UBC Constitution based on their alleged improprieties in the December 2011 election. Local Union 156 reran the December 2011 elections in February 2012, which Plaintiffs Puckett and Wallace won again. On April 18, 2012, a trial was held to address the charges against Plaintiffs.5 The Trial Committee found that all of the Plaintiffs, except Triplett, were guilty as charged for: (1) “[clausing dissension among the members of the United Brotherhood” pursuant to Section 51A(1) of the UBC Constitution; (2) “[djefrauding the United Brotherhood or any subordinate body” pursuant to Section 51(A)(6) of the UBC Constitution; and (3) “[violating the Obligation [ (the members’ oath to abide by the UBC Constitution and to be obedient to authority)]” pursuant to Section 51A(12) of the UBC Constitution. McCarron Deck, Ex. 4, p. 3.

On May 19, 2012, the Regional Council’s delegate body voted to impose the penalties recommended by the Trial Committee. In a letter dated June 12, 2012, Plaintiffs appealed the verdicts and penalties and requested that their appeals be expedited. To accommodate Plaintiffs’ request for an expedited appeal, the Regional Council filed its Answer in an expedited manner on July 2, 2012, before it was required to do so under the UBC Constitution.6 Due to Plaintiffs’ request for an expedited appeal, the UBC Appeals Committee also considered Plaintiffs’ appeal on an expedited basis on July 7, 2012. The UBC Appeals Committee ultimately upheld the verdicts and penalties imposed against Plaintiffs.

In a letter dated July 17, 2012, Tweedy requested “[o]n behalf of the Regional Council” that the UBC’s General Executive Board stay the penalties imposed against Plaintiffs so that Plaintiffs could participate in the upcoming elections on August 17 and 18, 2012. See Tweedy Deck, Ex. 3, p. 2. The UBC General Executive Board granted the request for stay in a letter dated July 19, 2012. See Id., Ex. 4, p. 3. That same day, July 19, 2012, Plaintiffs filed this action and this Motion.7

[1068]*1068STANDARD

“A preliminary injunction is an extraordinary remedy never awarded as of right.” Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 24, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008). The standards for a temporary restraining order and a preliminary injunction are the same. See, e.g., Stuhlbarg Int’l Sales Co., Inc. v. John D. Brush & Co., Inc.,

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895 F. Supp. 2d 1063, 2012 WL 3962361, 194 L.R.R.M. (BNA) 2659, 2012 U.S. Dist. LEXIS 128226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/savage-v-tweedy-ord-2012.