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CEFALO v. INTERNATIONAL UNION OF DIST. 50

January 29, 1970.

Angelo J. Cefalo et al., Plaintiffs
v.
International Union of District 50, United Mine Workers of America et al., Defendants.



On the basis of the verified complaint, affidavits, and exhibits on file, and having heard argument of the parties, the Court hereby makes the following Findings of Fact and Conclusions of Law.

Findings of Fact

1. This is an action under 29 U.S.C. § 529 which makes it "unlawful for any labor organization or any officer, agent, shop steward, or other representative of a labor organization . . . to fire, suspend, expel, or otherwise discipline any of its members for exercising any right to which he is entitled under the provision of Labor-Management Reporting and Disclosure Act of 1959 (LMRDA)" and which provides that persons whose rights have been infringed may bring suit where the principal office of the labor organization is located, and 29 U.S.C. § 501 which provides that union officers have a fiduciary duty to manage union affairs solely for the benefit of the union's members.

2. Plaintiffs who are all members of and in good standing in The International Union of District 50, United Mine Workers of America, and who support the nomination and election of the Cefalo-Badoud-Foley slate, are:

 a. Angelo J. Cefalo, a resident of Bowie, Maryland, is Vice President of The International Union of District 50, United Mine Workers of America, and a member of its International Executive Board.

 b. John J. Badoud, a resident of Washington, D.C., is Secretary-Treasurer of The International Union of District 50, and a member of its International Executive Board.

 c. William J. Foley, a resident of Cranston, Rhode Island, is Assistant to the President of The International Union of District 50, United Mine Workers of America and a member of its International Executive Board.

 d. Joseph De Falco, formerly Regional Director of Region 43, is a resident of Chicago, Illinois, and a Special Representative of The International Union of District 50, United Mine Workers of America.

 e. Dale T. Badoud, a resident of Oklahoma City, Oklahoma, is an International Representative of The International Union of District 50, United Mine Workers of America.

 f. Frank Crise, a resident of St. Louis, Missouri, is Regional Director of Region 45, of The International Union of District 50, United Mine Workers of America.

 g. Joseph A. Gentile, Jr., formerly Regional Director of Region 6, is a resident of Liverpool, New York, and a Special International Representative of The International Union of District 50, United Mine Workers of America.

 h. Burlie E. Sizemor, a resident of Columbus, Ohio, is an Assistant Regional Director of Region 34 of The International Union of District 50, United Mine Workers of America.

 i. Edward J. Galuszka, a resident of Warren, Rhode Island, was formerly an International Representative of The International Union of District 50, United Mine Workers of America. (Verified complaint paragraph 1.)

 3. Defendant, The International Union of District 50, United Mine Workers of America (sometimes hereinafter referred to as "District 50") is a labor organization within the meaning of Sections 3(i) and (j) of the Labor-Management Reporting and Disclosure Act of 1959 (sometimes hereinafter referred to as "LMRDA"). Defendant, Elwood Moffett, is currently the International President of Defendant District 50 and a member of its Executive Board. Defendant Elwood Moffett is a candidate for reelection to the post of International President this year. Defendants District 50 and Elwood Moffett maintain their principal address at 4880 MacArthur Boulevard, N.W., Washington, D.C. 20007. (Verified complaint paragraph 2.)

 4. On or about November 13, 1969, plaintiffs Cefalo, John Badoud and Foley announced their candidacies for the offices of President. Secretary-Treasurer, and Vice President, respectively, of District 50. (Exhibits I, II, and III - Cefalo, Badoud and Foley affidavits.)

 5. Under the constitution of District 50, a candidate for international office must receive the nomination of at least fifty local unions in order to be placed on the ballot in the referendum election to be held the second Tuesday in May, 1970. (Exhibit XI, Constitution of District 50, Article IX, §§ 1, 3 and 7.)

 Plaintiff De Falco

 6. Prior to November 25, 1969, plaintiff De Falco was Regional Director of Region 43 (Chicago, Illinois) of defendant District 50 and had performed his duties in a satisfactory manner. (Exhibit I - Cefalo affidavit.)

 7. Plaintiff De Falco publicly announced his support of the Cefalo-Badoud-Foley slate of candidates for international office to a meeting of the Region 43 (Chicago, Illinois) staff of defendant District 50, pointing out that each staff member was free to support the candidate of his choice. Verified complaint paragraph 9.)

 8. Subsequent to this announcement by plaintiff De Falco, on November 25, 1969, defendant Moffett wrote plaintiff De Falco that he was being demoted to the post of Special International Representative. (Verified complaint paragraphs 7, 8 and 9; and Exhibit IV (a).)

 9. Defendant Moffett replaced plaintiff De Falco with an individual supporting defendant Moffett's candidacy for reelection. (Verified complaint paragraph 8.)

 10. Plaintiff De Falco contends he was demoted in reprisal for his publicly announced support of the Cefalo-Badoud-Foley slate. (Verified complaint paragraph 10, Exhibit 1 - Cefalo affidavit.)

 Plaintiff Dale Badoud

 11. On or about the week of October 6, 1969, plaintiff Dale Badoud, who is plaintiff John J. Badoud's son, was assigned to Region 55 (Kansas City, Missouri) of District 50 where he actively supported the Cefalo-Badoud-Foley ticket. (Verified complaint, paragraphs 11 and 13; Exhibit II - Badoud affidavit.)

 12. Plaintiff Dale Badoud's Regional Director, Charles Harrison, a supporter of the candidacy of defendant Moffett for reelection, assigned plaintiff Dale Badoud to Oklahoma City, Oklahoma. (Verified complaint paragraphs 12 and 14; Exhibit II - Badoud affidavit.)

 13. District 50 has no local unions or membership of any kind in Oklahoma City, and plaintiff Dale Badoud was assigned there. (Verified complaint ...


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