National Legal and Policy Center -- Organized Labor Accountability Project
 
UNION CORRUPTION UPDATE
 
December 23, 2002 -- Vol. 5, Issue 26

For Influential Leaders & Important Decision Makers:
Information on America's most corrupt & aggressive unions

 
UNION DEMOCRACY / SERVICE EMPLOYEES (SEIU)
Union Bosses' Election Misconduct not Discriminatory, but Legal
The denial of a "meaningful vote" to members of a NYC union was not discriminatory, and therefore, legal under federal labor law, a fed. judge ruled on Dec. 4. U.S. Dist. Judge Denny Chinn (S.Dist. NY, Clinton) ruled against John Barry and other members of Local 32-BJ of the Service Employees Intl. Union in a suit they filed against Local president Michael Fishman earlier this year.

It was undisputed that on April 24 , Fishman rammed through changes in the local bylaws by: 1) refusing to physically separate members voting "aye" from those voting "nay," even after a request which, under the bylaws, Fishman was required to honor: 2) declaring that he had heard enough "ayes" to constitute a 2/3 majority even though the "ayes" were clearly insufficient to meet that requirement.

Barry and the other members argued that Fishman's conduct violated Sec. 101(a)(1) of the Labor-Mgmt. Reporting & Disclosure Act (LMRDA) of 1959, which provides that "[e]very member of a labor organization shall have equal rights...to vote in elections or referendums of the labor organization...subject to reasonable rules and regulations in such organization's constitution and bylaws." But Judge Chinn opined that since the "complaining union members here...have been denied no privilege  or right to vote or nominate which the union has granted to others," the officials' misconduct did not amount to discrimination, and was not covered under the LMRDA.

On that basis, Judge Chinn granted Fishman's motion to dismiss Barry's suit. [Barry v. Fishman, U.S.D.C. S.D. NY]

Union Corruption Update is made possible by the generous contributions from readers like you. NLPC, PO Box 6821, Falls Church, VA 22040. Thank you. Union Corruption Update is part of NLPC's Organized Labor Accountability Project which is investigating and exposing corruption in the Teamsters, LIUNA, AFL-CIO and many other union organizations. NLPC is a nonpartisan, nonprofit foundation promoting ethics and accountability in government through research, education and legal action.

In addition to the unions and organizations covered in this Union Corruption Update, readers can look forward to news and information on other corrupt and abusive unions in future editions.  All back issues of the Union Corruption Update can be viewed at NLPC's website (http://www.nlpc.org).  Also available is a union-by-union and state-by-state index of all Union Corruption Update articles. If you have story ideas or suggestions for future editions of Union Corruption Update, please email NLPC at nlpc@nlpc.org.  Thank you.
 
Looking for a LM-2, LM-3, or LM-4 Annual Financial Report from the Department of Labor? Visit http://www.dol-union-reports.gov.

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