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Pipefitters win points in battle for democracy

Two members of the Plumbers and Pipefitters union (the United Association), who have been battling for democracy in their locals, are now suing in District of Columbia federal court in an effort to democratize their international union constitution and to compel their union to comply with LMRDA section 105, the provision which requires unions to inform their members of the provisions of the act. The LMRDA spells out the democratic rights of members in their unions, rights protected by federal law.

Section 105 is enforceable only by private suit. Arthur Fox, the eminent union democracy attorney and AUD board member, represents the two pipefitters: Charles Callihan of Local 409, a United Association member for 29 years; and Wilbur Thomas of Texas Local 286, a UA member for 31 years. For the last forty years, the United Association, like all other international unions, left, right, and center (except the Masters, Mates, and Pilots), had ignored the requirement. But after all these decades of somnolence—Lo and Behold—Open Sesame—Fox had just about filed the suit when the union "voluntarily" published a summary of the law in its journal. However that hasty act, it seems to the union plaintiffs, was not a sudden change of heart, but an attempt by union lawyers to moot the lawsuit and continue to evade the law in the guise of momentary compliance.

It had to be obvious to attorneys that direct resistance to the section 105 suit was hopeless. The Fourth Circuit Court of Appeals had just upheld a section 105 suit brought by three members of the International Association of Machinists. The court ruled that the IAM, in fulfilling a continuing responsibility for compliance, was required to publish a summary of the law in three issues of its magazine, provide every new member with a copy, and post the summary permanently on its web site.

If the United Association could moot the Pipefitters’ suit by convincing the judge that its one-time "voluntary" publication of the summary was enough, it would avoid any continuing responsibility and could relapse into passivity for years (another 40 years?) until other unionists could find other attorneys to press the issue all over again. We can expect other unions to follow suit, hoping to avoid effective compliance, by a hurried one-time summary publication in their journals.

Meanwhile, a lot more is happening in the UA:

When Callihan first learned of his LMRDA rights, not long ago, he and two other Local 409 pipefitters, started to publish their own independent newsletter, Members for Union Democracy, and quickly found themselves facing expulsion on charges of violating section 199 of the UA constitution which provides for expulsion of members and locals "found guilty of sending out circular letters of falsehood and misrepresentation." In their federal suit, Callihan and Thomas ask the judge to void section 199 as a clear violation of their right to free speech protected by the LMRDA Bill of Rights. Here, too, the union hopes to moot the case. It argues that because the charges against Callihan were withdrawn before the suit was filed, the judge should dismiss the suit. In that case, the provision would remain on the books as a threat to others, which is precisely how Fox replied: "The mere presence of Section 199...invites the filing and prosecution of disciplinary charges against members who exercise their LMRDA free speech rights; it authorizes their expulsion...." He noted that "while he continues to publish his newsletter...Callihan faces a very real risk or prospect of being reindicted under Section 199...."

To prove that prospects for indictment under Section 199 are a grim reality, Fox presented affidavits from two United Association members: On March 4, 1997, the international office of the United Association, upheld the expulsion of John Murphy of UA Local 170 in Vancouver, CA and ordered him to pay a $5,000 fee on charges of violating Section 199. He has been denied the right to work on any union jobs. On January 5, 2001, Richard Moore of UA Local 787 in Ontario, was charged with violating Section 199 by "circulating falsehoods and misrepresentations to members round the Province at various meetings; commencing legal action against the Board of Trustees." In his brief to the court, Fox quoted the federal district court decision of 1981 in Mallick v. IBEW: "Harm to free speech rights....is not measured solely in economic terms, nor must concrete punishment be meted out to confer standing to sue. The right to speak one’s views freely is so fundamental that the specter of punishment, or the uncertainty created by a vaguely worded prohibition of speech is injurious as well."

Section 122 of the UA constitution bars non-construction workers who are members of a mixed local from running for top local office, a clear violation of the law’s protection of the equal right to run for office. Only construction workers can run. When members of a mixed New York local, air conditioner workers, were barred from running for office, their complaint was upheld by the Labor Department. To avoid a lawsuit, the union agreed to let them run, but it would not remove the offending clause from the constitution, which remains as a bar to members who are not aware of their rights or who fear to try to enforce those rights.

General President Martin J. Maddaloni will face an opposition candidate at the union’s convention in August. Tommy Pruett, who had been Director of Organization since 1992, announced his insurgent candidacy for president and circulated a letter to all local business managers appealing for support. He was instantly removed from his director’s post. The issues of union democracy raised in the suit of the two rank and filers are not addressed in his platform. He accuses the incumbent on various counts of financial irresponsibility, the most curious of which charges that he spent "$750,000 a year to place the UA logo on the doorframe of [a racer’s car]" Worst of all, the logo is only 5" in diameter.

He does call for one important action at the convention: "A very important issue is to ask your delegates to the convention to demand a Secret Ballot Election for the race for General President....Delegates have the right to vote without being intimidated and a Secret Ballot will give them that right without fear of reprisals. Don’t kid yourself. Marty will do anything he can to prevent a freely held election.... But the direction of the UA belongs to you the members."

Bill Erffmeyer is still running hard for business manager of Local 597. In his last letter to the members he writes, "Members that have spoken up at some of our meetings had the microphone turned off on them. Some are afraid to speak up because of fear and reprisals. Some [meetings] lasted only 13 minutes." He promises that if he is elected "This will no longer happen....You will have a voice and no longer will you have to fear your elected officials."

Other articles on LMRDA Section 105:
Victory: Federal unions must let their members know
Section 105 Update: Obeying union democracy law, belatedly
Pipefitters win points in battle for democracy
Some unions hate to say, "you have legal rights."
Court to IAM: Inform members of their rights
Is your union in compliance with Section 105 of the LMRDA?
Text of LMRDA Section 105

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