Appendix — Dunlop v. Bachowski

Jn the Supreme Court of the United States

OcroBeR TERM, 1974

No. 74-466

Peter J. BRENNAN, SECRETARY OF LABOR, PETITIONER

v.

WALTER BACHOWSKI

ON WRIT OF CERTIORARI TC THE UNITED STATES COURT OF

APPEALS FOR THE THIRD CIRCUIT

~

INDEX TO APPENDIX

Page

Docket entries_..---- -- ' 1

In the United States District Court for the Western District of

Pennsylvania :

Complaint ~-------------- 3

In the Supreme Court of the United States:

Order Granting Petition for Writ of Certiorari

(1)

567-896—75——1

RELEVANT Docker ENTRIES

United States District Court for the Western District of Pennsylvania

Civil Action 73-054 Walter Bachowski vs. Peter Brennan, et al.

Date.

Date Proceedings 3 Order. :

0.

Nov. 7 | Complaint filed... ........-.---------------2----------- 2-2-0 eee eee e cere 1

Nov. 7 | Motion for TRO--.......-.------------------------+-------------- 2-2-0 --- °° 2

Nov. 7 | Motion for preliminary injunction ---..-.....-.------------------------------- 3

Nov. 7 | Summons issued as to U.S.; summons issued as to United Steelworkers. .-.--|-.----------

Nov. 12 | Order entered, on proposal filed 11/9/73 granting defts oral motion made

at hearing in chambers, to dismiss; motion of pitf. for TRO and Prel. Inj.

denied (Dumbauld, J.)-.......----------------------------------+-------*- &

Nov. 29 | Notice of Appeal filed by Pitf. ($250.00 Cash Bond Posted) (Receipt 17496) _-- 6

Dec. 4 | Summons ret. served on U.S. Steel 11/29/78........--.----------------------- 7

Dec. 4| Summons ret. served on U.S. Atty 11/29/73; on U.S. Atty Gen 11/30/78 by

cert. mail 11/28/78.....-.--.-------------------------+--+- 2-2-2 -2 22-22 0---2- 8

Dec. 10 | Transcript of injunction hearing held before Dumbauld, J. filed (Rep. J.

Lilienthal) - ......-.---- Bicvaccccccesoceccesdecssecdosccdesscesscossvesesee 9

1974 *

Aug. 5 | Opinion of U.8. Ct. of Appeals rec’d and filed vacating judgment of district

court granting motion to dismiss and case remanded for further proceed-

Ings. ....2---- 2-2-2 - nnn nnn nnn nen ener nn nen n nner e centre nee [ere cece eeree

Sept. 17 | Certified copy of judgment order issued in Meu of formal mandate rec’d

from U.S. Ct. of Appeals vacating judgment of district court entered 11/2/73

and cause remanded for further proceedings. No costs (record will be

returned at a later date)........--.-..--------------------------- 22 e eee |e ee eee eee

Sept. 17 | Pursuant to CC of judgment order, the above entitled case is hereby re-

opened. ......------------ 2-22 en ee ne een een ene een nner eee ee rece e trees [ere e nero cee

Oct. 9 Motion to enter an order directing that the deft. provide the pitf. with a

* specific statement of the factors upon which the pitt. relied in reaching |

his decision not to file suit filed by pltf..........-------------------------- 10

Oct. 25 | Order entered directing opposition submit brief in re motion for production

of statement in 5 days (Dumbauld, J.)- -..-------------------------------- 11

Nov. 11 | Statement of Secy of Labor filed........-..---------------------------------- 12

Dec. Order entered directing that since the conditions requiring posting of cash

bond have been satisfied as of 9/17/74; Clark is to return $250. to Kenneth

Yablonski, Esq. (Dumbauld, J.) (Mailed 12/20/74) - ......----------------- 13

United States Court of Appeals for the Third Cirewit—

\ Case No. 73-2029

Copy of Notice of Appeal, rec'd. Dec. 3, 1973, filed.

Record, rec’d. November 30, 1973, filed.

Opinion of the Court (Seitz, Chief Judge and Van Dusen and Gibbons, Circuit Judges),

filed.

Judgment vacating the judgment of the District Court entered November 12, 1973, and

remanding the cause for further proceedings consistent with the opinion of this Court,

with no costs, filed.

Motion by appellee, for stay of mandate, filed. (4cc.) Service attached.

Order (Van Dusen, J.) staying issuance of mandate until September 15, 1974, filed.

Opposition hy appellant to Motion for Stay of Mandate pending Supreme Court Review,

filed. (4cc.) Service attached.

Order Amending Slip Opinion of July 26, 1974, (Seitz, Ch.J., and Van Dusen and Gibbons

Certified copy of order amending opinion sent to Clerk of District Court.

Record and 2 supplementals returned to Clerk of District Court.

Notice of filing on October 22, 1974 of petition for writ of certiorari, received from Clerk of

8.C.., filed. (S.C. No. 74-466).

Certified copy. of order dated December 16, 1974 granting petition for writ of certiorari

received from Clerk of 8.C., filed. (8.C. No. 74-460).

2a

asian

In the United States District Court for the Western District

of Pennsylvania

Civil Action No. 73-954

WaLTeR BACHOWSKI, PLAINTIFF

v.

PeTeR BRENNAN, SECRETARY OF LaBor, UNiTEeD States De-

PARTMENT OF LaBor, AND UNITED STEEL WORKERS OF AMER-

ICA, DEFENDANTS

Complaint for Injunctive and Declaratory Relief

1. Walter Bachowski, plaintiff, resides at 8 Cross Street,

Pittsburgh, Pennsylvania within this judicial district. He is

a member in good standing of the United Steel Workers of

America, its District 20 and local union 1504.

2. Plaintiff brings this action as an individual union member

under Title IV of the Labor Management Reporting and Dis-

closure Act of 1959 (29 USCA 482) (hereinafter referred to as

LMRDA or the “Act”).

3. Defendant Peter Brennan, (hereinafter referred to as the

Secretary) is the Secretary of Labor of the United States and

for the purpose of carrying out his duties maintains an office

at the Federal Building, Liberty Avenue, Pittsburgh, Pennsyl-

vania, which is within this judicial district.

4. Defendant United Steel Workers of America (Herein-

after called USWA) is a labor organization engaged in an in-

dustry affecting commerce within the meaning of Sections 3(i)

and 3(j) of the Act (29 USCA 402 (i) and (j)), and has its

principal office in Pittsburgh, Pennsylvania, within this judicial

district.

5. This Court has jurisdiction of this action under Section

402 of the Act (29 USCA 482), Public Law 89-554 (5 USCA

702.)

6. Defendant USWA, purporting to act pursuant to and in

accordance with the provisions of its Constitution held an

4a

election for the office of District Director of District 20 USWA

among its members in good standing on February 13, 1973.

This election was subject to the provisions of Title IV of the

Act (29 USCA ‘481 et. seq.). |’

7. District: 20 USWA covers a geographical area from Erie,

Pennsylvania to Pittsburgh, Penrsylvania and has approxi-

mately 75,000 members.

8. Plaintiff was a candidate for the office of District: Director

as was the incumbent Kay Kluz and Morros Brummitt. The

election was hard fought with the large majority of the ap-

pointed staff men supporting the candidacy of the incumbent

Kay Kluz. ) a

9. On April 16,1973, the International Tellers submitted

their report in the International election declaring the result

of the election in District 20 USWA to be as follows:

er NIN essen eee egqen ene ean namnnn rere ern 10, 558

Walter Bachowski-_------- Skckaarkuee oY ee 8 See cicuisevapeieannmngiacnt 9, 651

Morros Brummitt.....-----21------------<--- <---> 3, 566

10. Pursuant to Article V, Section 21 of the Defendant

USWA Constitution, the plaintiff filed a complaint with the

International Executive Board of the USWA within ten days

of April 28, 1973.

11. Notwithstanding the fact that the Defendant USWA had

already scheduled its swearing in ceremonies for the following

day, the Defendant USWA purported to conduct an inyestiga-

tion of and hearing concerning the plantiff’s complaint on

May 31, 1973. The hearing was a nullity in that it did not

properly inquire into the election irregularities charged.

12. On June 1, 1973, the Defendant USWA installed the

plaintiff's opponent as Director of District 20 despite the fact

that the plaintiff had not been notified of any decision by the

International Executive Board.

» 13. On June 21, 1973, the plaintiff filed a complaint with the

Department of Labor at its Pittsburgh, Pennsylvania, office.

14. Pursuant to Section '601 and in accordance with Section

» 402-(B) of the Act (29 USCA 521, 482 (B)) the Defendant

Secretary investigated said complaint.

15. On approximately September 8, 1973, at the request of

the Defendant USWA, the Defendant Secretary and the De-

fendant USWA agreed to extend the statutory period for in-

vestigation thirty days. On October 8, 1973, again at the request

owe

5A

of the Defendant Union, the period was extended to Novem-

ber 8, 1973.

16. On November 5, 1973, the plaintiff received a phone call

from the Pittsburgh office of the Defendant Secretary advising

him that the Defendant Secretary had decided not to file suit

to set aside the contested election in District 20 USWA. To date,

the plaintiff has received no written notice of this decision nor

any explanation of why the suit would not be filed.

17. Plaintiff contends that in the conduct of the aforesaid

election the Defendant USWA violated its constitution and the

previsions of Title IV of the Act (29 USCA 401 et. seq.) as

follows:

A. Section 401(A) of the Act failed to elect by secret

ballot in that many members were required or permitted

to vote in such a manner that a member voting could be

identified with the choice expressed.

B. Section 401(C) of the Act, Union failed to provide

adequate safeguards and denied the plaintiff the right

to have observers at polling places and at the counting

of the ballots. ;

C. Section 401(E) of the Act, the Defendant Union

violated its own Constitution, it denied members the

right to vote without fear of reprisal, interference or

penalty, and members were denied the right to vote in

that elections were not conducted in at least one local.

D. Section 401(G) in that the Defendant USWA

used money received as dues and ments to promote

the candidacy of the plaintiff's opponent the incumbent

Kay Kluz.

18. Notwithstanding the fact that the Defendant Secretary’s

investigation has substantiated the plaintiff's allegations and

notwithstanding the fact that the irregularities charged affected

the outcome of the election the Defendant Secretary refuses

to file suit to set aside the election.

19. On November 7, 1973, the plaintiff requested the De-

fendant Secretary and the Defendant USWA to mutually agree

to extend the statutory period for filing suit to enable him to

properly inquire into the Defendant Secretary’s refusal. The

Defendant USWA immediately refused.

20. The plaintiff has not been given a statement of reasons

why the Defendant Secretary will not file suit nor has he been

permitted to review the record’ available to the Secretary upon

which his decision was made. :

6a

21. Defendant USWA has breached its duty to properly

protect the plaintiff’s rights under Title IV of the Act and

further, it has breached its duty of fair representation of him

regarding the entire matter of the conduct of the election and

the post election investigation.

22. The Defendant Secretary and the Defendant Union are

acting in an arbitrary and capricious manner in failing to ex-

tend the period to file suit to enable the plaintiff to inquire into

the reasoning of the Defendant Secretary.

WHEREFORE, plaintiff prays for judgment as follows:

(a) That the Court declare the actions of the Defendant

Secretary to be arbitrary and capricious and order him to file

suit to set aside the aforesaid election.

(b) That the Court direct the Defendant Secretary and the

Defendant USWA to extend the period of time for filing suit

to enable the plaintiff to properly inquire into the reasoning

of the Secretary.

(c) That the Court direct the Defendant Secretary to make

available for examination by the plaintiff all evidence it has

obtained concerning its investigation of the aforesaid election.

(d) Award such costs and counsel fees as may be appropriate.

(e) Grant such other relief as may be appropriate.

/s/Kenneth J. Yablonski

KENNETH J. YABLONSKI,

— Attorney for Plaintiff.

CoMMONWEALTH OF PENNSYLVANIA

County of 8s:

Before me, the undersigned authority, personally appeared

WALTER BACHOWSKI, who, being sworn according to law,

deposes and says that the statements contained in the fore-

going COMPLAINT are true and correct to the best of his

knowledge, information and belief.

/s/Walter Bachowski

: Water Bacnowskl.

Sworn to and subscribed before me this 8th day of Nov., 1973.

/s/Meuna ZETz,

Notary Public.

Commissici Expires 5/27/76.

7A

Supreme Court of the United States

. No. 74-466

Perer J. BRENNAN, SECRETARY OF LABOR, PETITIONER

v.

WALTER BacHOWSKI

Order Allowing Certiorart

Filed December 16, 1974

The petition herein for a writ of certiorari to the United

States Court of Appeals for the Third Circuit is granted.

U.S. GOVERNMENT PRINTING OFFICE: 1978