warranted and when, in addition, that decision is supported by ample evidence.
In light of the foregoing, the Court shall grant defendant's motion for summary judgment and deny plaintiff's motion for the same.
II. THE COMMISSION'S MOTION FOR AN INTERLOCUTORY APPEAL MUST BE DENIED
Prior to moving for summary judgment, the defendant FEC had requested this Court to amend its order of April 17, 1979, in order to permit an interlocutory appeal pursuant to 28 U.S.C. § 1292(b). Section 1292(b) provides for an interlocutory appeal "when an immediate appeal . . . may materially advance the ultimate termination of the litigation." Because the Court grants summary judgment to the defendant, it is clear that there is no way for an interlocutory appeal to advance the termination of this case. Thus, the defendant's motion must be denied.
The Court concludes that there are no material facts in dispute and that, in light of all the information available, the Commission's decision not to investigate the sworn complaints filed by Mr. Walther was neither arbitrary nor capricious. Accordingly, judgment shall be entered for the defendant.
An order in accordance with the foregoing will be issued of even date herewith.
COMPLAINT FILED WITH THE FEDERAL ELECTION COMMISSION
October 30, 1978
Pursuant to 2 U.S.C. Section 437g(a)(1) the National Right to Work Committee (NRWC) and Henry L. Walther, a federal voter and citizen of Virginia, believe that Senator Edward Brooke and Friends of Edward W. Brooke, his principle campaign committee, have violated Section 441a(a)(2)(A) of the Federal Election Campaign Act of 1971, as amended, by accepting illegal contributions in excess of the $ 5,000 limit, per election, from a single multi-candidate political action committee or group of such committees controlled by a common source. During the period of the 1978 elections, Senator Brooke and his political committee have accepted $ 27,700.00 in illegal contributions from AFL-CIO controlled PACs.
Under 2 U.S.C. 441a(a)(5), "all contributions made by a political committee established or financed or maintained or controlled by any corporation, labor organization, or any other person, including any parent, subsidiary, branch, division, department, or local unit of such corporation, labor organization, or any other person, or by any group of such persons, Shall be considered to have been made by a single political committee . . ." (emphasis added). It is clear from the past statements of Mr. Meany and Mr. Barkan, his political staffer, that the political efforts of the AFL-CIO and its member unions, are coordinated and commonly directed in exactly the way contemplated by the statute's prohibition. The various AFL-CIO union political PACs are clearly covered by the common $ 5,000 limit. Their total of $ 27,700.00 in contributions to Senator Brooke exceeds this amount for both the primary and general elections and is thus an illegal contribution and a serious violation of the law.
The 1978 campaign has been witnessing an incredible display of organized labor's disregard for the law. The AFL-CIO treats its 14 million-member federation as one organization for the purposes of fund raising for its main PAC, COPE-PCC, for its multi-million dollar registration campaigns, for its get-out-the-vote drives, and for its massive political communications program, while on the other hand, it attempts to evade contribution limits on all its sub-PACs by treating them as separate political units. This fiction flies not only in the face of the provision of the non-proliferation section of the law, 441a(a)(5), but it also violates one of the basic purposes of the original Federal Corrupt Practices Act, and the newer contribution limits. That is to keep the power of large monolithic units and their attendant corruption and undue influence out of the federal election process.
Big Labor's ability to promise its handpicked candidates for federal office $ 20,000 or $ 40,000 or even $ 100,000 in cash per election, while all other interest groups are limited to $ 5,000, makes a mockery of fairness and election reform. Organized labor's use of compulsory membership dues money to channel these PAC funds and pay for their solicitation makes this practice that much more indefensible. Senator Brooke's receipt of such illegal excessive monies represents the real threat of corruption and undue influence aimed at by 2 U.S.C. Section 441a(a)(2)(A) and Section 441a(a)(5). We strongly ask the Commission to take immediate action to stop this abuse before the November 7 election. The American people deserve a Congress that is not "bought" by any special interest group.
For the ease of the Commission, we have excerpted all the contributions made by AFL-CIO union PACs to Senator Brooke for both the primary and the general election of 1978, to date. They are listed in the Appendix following.
Reed Larson, President, The National Right to Work Committee, 8316 Arlington Boulevard, Suite 600, Fairfax, Virginia 22038, and Henry L. Walther, a federal voter and citizen of Virginia, being first duly sworn both say that they have read the foregoing complaint and know the contents thereof, and that the same is true on information and belief. This complaint is not being filed on behalf of, or at the request or suggestion of, any candidate for federal office.
My commission expires January 5, 1981.