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DONOVAN v. NATIONAL ALLIANCE OF POSTAL & FED. EMPL

May 31, 1983

RAYMOND J. DONOVAN, Secretary of Labor, Plaintiff,
v.
NATIONAL ALLIANCE OF POSTAL AND FEDERAL EMPLOYEES, Defendant



The opinion of the court was delivered by: GREEN

 These consolidated cases are before the Court on plaintiff's motions for summary judgment. The complaints allege that defendant, the National Alliance of Postal and Federal Employees (NAPFE or union) violated section 401(g) of the Labor-Management Reporting and Disclosure Act of 1959 (Act), 29 U.S.C. ยง 481(g), by using its funds to promote the candidacy of the incumbent for the office of National President of the union. *fn1"

 At the time of the election in question, defendant had approximately 19,000 members with voting rights. Ballots for the 1982 regular election for National President were mailed to eligible voters by June 1, 1982 and would be counted if received by June 22, 1982. Robert L. White, the incumbent, was one of four candidates.

 NAPFE publishes a monthly journal called the National Alliance which is sent each month to all union members in good standing. NAPFE pays all publishing and mailing costs. The February, March, April and June 1982 issues of the National Alliance contained columns written by President White entitled "From the President's Desk." Pl's Exhs. A, B, C and D. Excerpts from these columns indicate convincingly that White used this union-financed publication to promote his candidacy:

 
Once the candidates have met the filing requirements, it will be up to you, the membership, to decide on the future course that our union will take. As one who has attempted to provide positive and progressive leadership over the past few years, I can only assure you that my devotion and dedication to the cause of our union, has not diminished in the least . . . . Our union has, without a doubt, made tremendous progress over the past few years. Whether or not such progress is continued into the future, will be your decision.

 Pl's Exh. A.

 
I am very pleased that it is now National Election Time. . . . Our union is again at a crossroad in its long and glorious history, and the future of our union will be determined by the outcome of this pending National Election. . . .
 
The record will show and prove that, as National President, I have always brought to the National Executive Board and National Convention a fair and accurate report covering the affairs of our great union.

 Pl's Exh. B.

 
The success or failure of any union's growth and development, to a large extent, depends upon the elected leadership of the union. Therefore, it is significant that you know there is a lot at stake in our 1982 National Election. . . . As your National President, I have no choice except to carry out the will of the majority of the membership. . . . Again, I wish to remind you that it is National Election Time. We are committed to making the eighties a "decade for success"? [sic] To accomplish this will take the teamwork of truly dedicated officers.

 Pl's Exh. C.

 The union financed other campaign literature extolling, directly and indirectly, the leadership qualities and accomplishments of the incumbent President.

 On February 4, 1982 White issued a memorandum to all Local Presidents, Vice-Presidents, Local Secretaries, Auxillary Presidents and National Executive Board Members, reciting various of his achievements and concluding:

 
I believe that my record as a leader of this union can stand the test of time, accomplishment, dedication and service. I am proud of where we are today and I look forward to continuing to serve our great union. I will be a ...

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