United Transportation Union v. Springfield Terminal Railway Co.

132 F.R.D. 4, 18 Fed. R. Serv. 3d 49, 135 L.R.R.M. (BNA) 2401, 1990 U.S. Dist. LEXIS 10145
CourtDistrict Court, D. Maine
DecidedJuly 24, 1990
DocketCiv. Nos. 87-0342-P, 88-0117-P
StatusPublished
Cited by8 cases

This text of 132 F.R.D. 4 (United Transportation Union v. Springfield Terminal Railway Co.) is published on Counsel Stack Legal Research, covering District Court, D. Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United Transportation Union v. Springfield Terminal Railway Co., 132 F.R.D. 4, 18 Fed. R. Serv. 3d 49, 135 L.R.R.M. (BNA) 2401, 1990 U.S. Dist. LEXIS 10145 (D. Me. 1990).

Opinion

MEMORANDUM AND ORDER ON SPRINGFIELD TERMINAL’S MOTION TO COMPEL

GENE CARTER, Chief Judge.

In this action Springfield Terminal Railway Company seeks to set aside an arbitration award in favor of Defendant United [5]*5Transportation Union concerning a strike by Union members against Springfield Terminal over alleged safety issues. Springfield Terminal alleges that the procedures of the National Mediation Board (NMB) denied it due process, that the arbitration was biased, and that the process was corrupted by improper contacts by the NMB and other political factions with the arbitrator before the time of the award.

Springfield Terminal has conducted sweeping discovery in this case, including depositions from and document production by assistants to United States Senator John Kerry and United States Congressman Joseph Brennan. The discovery from those members of Congress and their aides was the subject of a claim of privilege under article 1, section 6 of the United States Constitution, the Speech or Debate Clause, resolved by this Court in its orders of March 15, 1989, and May 2, 1989.

Springfield Terminal has also sought discovery from the office of United States Senator George Mitchell and from his legislative assistant, Robert J. Carolla. A large number of documents were produced and Mr. Carolla was deposed. Senator Mitchell’s office has withheld one group of documents claiming they are privileged under the Speech or Debate Clause and another group on the grounds that they are irrelevant to this action. Springfield Terminal’s motion to compel production of those documents is now before the Court. Mr. Carolla also refused to answer a series of questions at his deposition, and Springfield Terminal’s motion to compel his answers is also before the Court.

Speech or Debate Clause

The Speech or Debate Clause provides that “[F]or any Speech or Debate in either House [Senators and Representatives] shall not be questioned in any other Place.”1 The clause has been broadly construed, Eastland v. United States Servicemen’s Fund, 421 U.S. 491, 501, 510, 95 S.Ct. 1813, 1820, 1824-25, 44 L.Ed.2d 324 (1975), but the Supreme Court has made clear that protection should not be broader than is necessary to fulfill the purposes of the clause. United States v. Brewster, 408 U.S. 501, 517, 92 S.Ct. 2531, 2540, 33 L.Ed.2d 507 (1972). The Supreme Court has described the central purpose of the clause as protection of legislative independence within the “legitimate legislative sphere.” Eastland, 421 U.S. at 502, 503, 95 S.Ct. at 1820, 1821. In civil cases the clause prevents the litigation from distracting members of Congress and their aides, forcing them to divert their time and attention from their legislative tasks, and from delaying and disrupting the legislative function. Id. at 503, 95 S.Ct. at 1821.

Of course, not all acts of legislators are within the legitimate legislative sphere. The privilege extends beyond pure speech and debate “ ‘only when necessary to prevent indirect impairment of [Congressional] deliberations.’ ” Gravel v. United States, 408 U.S. 606, 625, 92 S.Ct. 2614, 2627, 33 L.Ed.2d 583 (1972). To qualify for the privilege, an activity other than actual speech or debate must meet a two part test. Miller v. Transamerican Press, Inc., 709 F.2d 524, 529 (9th Cir.1983). It must be “an integral part of the deliberative and communicative processes by which Members participate in committee and House proceedings.” Id. (quoting Gravel, 408 U.S. at 625, 92 S.Ct. at 2627). The activity also must address proposed legislation or some other subject within Congress’s constitutional jurisdiction. Id. (citing Gravel, 408 U.S. at 625, 92 S.Ct. at 2627.

The subpoena issued to Senator Mitchell’s office seeks all documents which embody, refer to, relate to, or summarize (1) political activities; (2) constituent services; (3) communications to or from constituents; (4) communications to or from labor organizations; or (5) attempts to influence the action of any agency and which relate to the 1986 strike and the leases by B & M, MEC, and D & H of their rail lines to Springfield Terminal. The first category [6]*6of documents that remains in dispute consists of internal congressional memoranda and drafts of documents which relate in any way to congressional efforts to influence certain federal agencies on behalf of the UTU. Springfield argues that internal congressional communications and materials are not privileged if they relate to unprivileged activities. Senator Mitchell’s office argues, on the other hand, that internal communications are absolutely privileged because they are among the things “generally done in a session of the [Senate] by one of its members in relation to the business before it.” Kilbourn v. Thompson, 103 U.S. 168, 204, 26 L.Ed. 377 (1881), that is, they are integral parts of the communicative processes by which Members participate in Senate proceedings.

In order to be effective at their legislative tasks, legislators must be able to confer among themselves and with their assistants. Just as they must be able to obtain information pertinent to potential legislation, see United Transportation Union v. Springfield Terminal Railway Company, Nos. 87-0342 P, 88-0117 P, 1989 WL 38131 (D.Me. March 15, 1989); Miller v. Transamerican Press, Inc., 709 F.2d at 530, they must be able to discuss and analyze issues that are subjects of pending or potential legislation in order to plan for and work on that legislation. Internal congressional communication, whether between legislators or between legislators and their aides, is plainly “an integral part of the ... communicative processes by which Members participate in House proceedings.” Gravel, 408 U.S. at 625, 92 S.Ct. at 2627. It thus meets part one of the legislative-act test. See Miller v. Transamerican Press, Inc., 709 F.2d at 529 (9th Cir.1983) (holding that insertion of material directly into the Congressional Record meets part one of the test “because of the Record’s role in the intra-Congressional communicative process”).

The Court finds that the intra-Congressional communications sought here also meet the second part of the test. The subjects of the documents sought, the railroad strike and the railroad leases, are plainly areas of potential legislation within Congress’s constitutional jurisdiction.

The Court declines Springfield Terminal’s invitation to characterize the type of activity for which it seeks discovery more narrowly to preclude protection under the Speech or Debate Clause. Springfield Terminal argues that it seeks discovery on activities, whether political activities or constituent services, which are not protected under the Speech or Debate Clause. This argument ignores the fact that discussion of those activities is embedded in media, internal memoranda and discussions, that are traditionally an integral part of the legislative process. Although the internal communications may discuss unprotected activities, their purpose may well be legislative in whole or in part.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Chaudhry v. Smith
E.D. California, 2020
Doe 1-36 v. Nebraska
788 F. Supp. 2d 975 (D. Nebraska, 2011)
Gardner v. Littlejohn
9 Am. Tribal Law 431 (Ho-Chunk Nation Trial Court, 2011)
Jewish War Veterans of the United States of America, Inc. v. Gates
506 F. Supp. 2d 30 (District of Columbia, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
132 F.R.D. 4, 18 Fed. R. Serv. 3d 49, 135 L.R.R.M. (BNA) 2401, 1990 U.S. Dist. LEXIS 10145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-transportation-union-v-springfield-terminal-railway-co-med-1990.