Not what you're
looking for? Try an advanced search.
Buy This Entire Record For
IZYKOWSKI v. IBEW
July 31, 1991
LOUIS IZYKOWSKI, et al., Plaintiffs,
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, Defendant
Thomas A. Flannery, United States District Judge.
The opinion of the court was delivered by: FLANNERY
THOMAS A. FLANNERY, UNITED STATES DISTRICT JUDGE
Plaintiffs are two current members
and one retired member
of the International Brotherhood of Electrical Workers ("IBEW"). Plaintiffs claim that an article in the union constitution, and regulations adopted pursuant to that article, violate Section 101(a)(2) of the Labor-Management Reporting and Disclosure Act of 1959 ("LMRDA"), 29 U.S.C. § 411(a)(2).
The Article in the IBEW Constitution challenged by plaintiffs states
No candidate (including a prospective candidate) for Local Union office and no supporter of a candidate for Local Union office may solicit or accept financial support or any other direct or indirect support of any kind (except an individual's own volunteered personal time) from any non-member of the Local Union or any foundation corporation or other entity whose funds are derived in whole or in part from any person not a member of the Local Union. This rule does not apply to the financing of litigation concerning the legal rights of candidates or other members in connection with elections for Local Union office.
The I.E.C. shall adopt regulations as necessary to implement this provision and Article III, Section 12. The regulations shall provide for the maintenance of such records and the filing of such reports, by candidates and their supporters, as may be necessary for the administration and enforcement of this section.
IBEW Constitution, Article XVIII, Section 21.
The definition of "non-member of a Local Union" in the regulations includes retired members of the local union holding the election, and members of other locals in the same international union, including members who are temporarily working in the local holding the election.
All candidates for office who expend more than $ 100 are required to file a campaign contribution disclosure report with the IBEW International Secretary. The disclosure reports contain the names of all of those who have contributed $ 10 or more to a candidate for local union office. The reports are available upon request to all other announced candidates for the same office. The regulations also provide for an independent Campaign Contribution Administrator to administer and enforce Article XVIII, Section 21.
Plaintiffs contend that these union rules violate their rights of free speech and association protected by Section 101(a)(2) of the LMRDA. Section 101(a)(2) provides that
Every member of any labor organization shall have the right to meet and assemble freely with other members; and to express any views, arguments, or opinions; and to express at meetings of the labor organization his views, upon candidates in an election of the labor organization or upon any business properly before the meeting, subject to the organization's established and reasonable rules pertaining to the conduct of the meetings: Provided, That nothing herein shall be construed to impair the right of a labor organization to adopt and enforce reasonable rules as to the responsibility of every member toward the organization as an institution and to his refraining from conduct that would interfere with its performance of its legal or contractual obligations.
Specifically, the plaintiffs object: 1) to "non-member contribution restrictions;" 2) to "mandatory disclosure requirements;" and 3) to the processing of charges against Izykowski for failing ...
Buy This Entire Record For