United States v. International Brotherhood of Teamsters

86 F.3d 271
CourtCourt of Appeals for the Second Circuit
DecidedJune 13, 1996
DocketNo. 1453, Docket 95-6248
StatusPublished
Cited by4 cases

This text of 86 F.3d 271 (United States v. International Brotherhood of Teamsters) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. International Brotherhood of Teamsters, 86 F.3d 271 (2d Cir. 1996).

Opinion

WINTER, Circuit Judge:

This is another appeal arising from the 1989 Consent Decree between the government and the International Brotherhood of Teamsters (“IBT”). Teamsters Local 1150 appeals from Judge Edelstein’s approval of rules governing the 1996 election of delegates to the IBT Convention and of IBT officers. The principal issue is whether a rule requiring a court-appointed officer to review and approve all Union-financed publications prior to distribution during the election period is lawful. We remand so that the rule can be modified but hold that, as modified, the rule is valid.

This litigation has been extensively reported. United States v. International Bhd. of Teamsters (“Sansone”), 981 F.2d 1362, 1364 (2d Cir.1992) (“The volume of our decisions arising from the Teamsters Litigation has already been chronicled.”) (citation omitted); see also United States v. International Bhd. of Teamsters (“Roadway Express”), 3 F.3d 634 (2d Cir.1993); United States v. International Bhd. of Teamsters (“Star Market”), 954 F.2d 801 (2d Cir.), cert. denied, 505 U.S. 1205, 112 S.Ct. 2993, 120 L.Ed.2d 870 (1992); United States v. International Bhd. of Teamsters (“Senese & Talerico”), 941 F.2d 1292 [273]*273(2d Cir.1991), cert. denied, 502 U.S. 1091, 112 S.Ct. 1161, 117 L.Ed.2d 408 (1992); United States v. International Bhd. of Teamsters (“1991 Election Order”), 931 F.2d 177 (2d Cir.1991), and we review only briefly the circumstances underlying the instant dispute.

In June 1988, the government brought a civil RICO action against the IBT, some of its officers, and various reputed members and associates of La Cosa Nostra. The complaint alleged, inter alia, corruption of the IBT’s electoral processes. Specifically, it alleged that La Cosa Nostra, aided and abetted by members of the IBT’s General Executive Board, had manipulated those processes to elect its preferred candidate as IBT General President, otherwise to control Union affairs, and to deprive the membership of free and fair elections.

In March 1989, the district court approved a Consent Decree that mandated sweeping changes in the IBT’s electoral and disciplinary processes. The Decree created several positions, to be filled by the district court, with varying responsibilities for carrying out the Consent Decree. In particular, it provided for an Election Officer, who is authorized to “impose election rules and procedures that ensure that the ... elections are free, fair and informed.” 1991 Election Order, 931 F.2d at 187. Pursuant to this authority, the present Election Officer, Amy Gladstein, submitted for the district court’s approval proposed “Rules for the 1995-1996 IBT International Union Delegate and Officer Election” (“1996 Election Rules”). Local 1150 submitted objections to a number of these Rules, including a First Amendment challenge to Article VIII, Section 8(e), which requires the Election Officer to review and approve all Union-financed publications during the election period. Judge Edelstein overruled the objection, holding that the Election Officer is not a state actor and that consequently there was no constitutional violation. United States v. International Bhd. of Teamsters, 896 F.Supp. 1349, 1364 (S.D.N.Y.1995). Judge Edelstein also rejected Local 1150’s objections to various other Rules, adopting the proposed Rules in their entirety. Id. at 1373.

On appeal, Local 1150 presses five of its original objections. Except for questions relating to Article VIII, Section 8(e), Local 1150 advances no colorable argument that the Rules in question are either unreasonable or beyond the authority of the Election Officer. Essentially, the objections are quibbles, and, as to every challenge save that to Article VIII, Section 8(e), we affirm Judge Edelstein without further discussion.

Article VIII, Section 8(e), provides:

For the purpose of assuring compliance with the Rules, every Union-financed publication to be mailed or otherwise distributed to the membership between October 1, 1996 and December 20, 1996 shall be submitted to the Election Officer by the publishing body for review and approval prior to publication.

(emphasis in original). The Rule involves a period just prior to and during the balloting for delegates to the IBT Convention and IBT officers. The parties have spilt considerable ink over whether the Election Officer is a state actor in promulgating and enforcing this Rule and whether the provision in question is therefore an unlawful prior restraint under the First Amendment. We view the issue somewhat differently.

In 1991 Election Rules, we held that the Election Officer might require the IBT to publish candidates’ campaign literature in the IBT’s monthly magazine as an appropriate measure under the Consent Decree to inform the union’s rank and file about the various candidates. 931 F.2d at 187-88. In response to the IBT’s claim that a rule requiring publication violated the First Amendment, we held that it had waived any such argument by entering into the Consent Decree. Id. at 188.

Of course, the described portion of the holding in 1991 Election Rules applied only to the IBT as a party to the Consent Decree and to the IBT’s monthly magazine. The present dispute, in contrast, involves a challenge by a non-party local union asserting the local’s rights to distribute publications freely to its membership. The questions before us are, first, whether Article VIII, Section 8(e), is authorized by the Consent Decree, and, second, if so, whether a local union [274]*274may challenge its validity under the First Amendment. Our discussion begins with an analysis of whether the Consent Decree authorizes such a Rule.

As presently drafted, Article VIII, Section 8(e), is rather broad. The Election Officer’s power to review and approve local Union publications during the relevant time-period is limited only by the phrase “[f]or the purpose of assuring compliance with the Rules.” (emphasis in original). Whether or not every First Amendment precedent applicable to the press’s right to publish free of governmental control applies to Local 1150 — the issue debated by the parties — principles of free speech inform our analysis of the scope of the Election Officer’s responsibility to “ensure that [IBT] ... elections are free, fair and informed.” There is nothing in the Consent Decree or in its underlying purpose that would justify a rule allowing broad censorship by the Election Officer. However, we need not pause to determine the precise breadth of the Election Officer’s powers under Article VIII, Section 8(e) because post-argument submissions by the government and the Election Officer have informed us that the intent of that provision is considerably narrower than its language. The Rule is, we are assured, intended only to prevent Union-financed publications from endorsing or supporting particular candidates for Union office.

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86 F.3d 271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-international-brotherhood-of-teamsters-ca2-1996.