of the incident. See, NABR decision, Appendix A to this Memorandum.
In March, 1981, an interview with Strom appeared in Referee Magazine. In that interview Strom discussed the Bavetta incident among many other topics.
On April 10, 1981, shortly after these articles appeared, Bavetta sent Richard G. Phillips, Esquire, General Counsel for the NABR, the letter attached to this Memorandum as Appendix B in which he requested that a grievance committee investigate the matter and prosecute Strom.
Shortly after the filing of this "charge", Darrell Garretson, then Executive Director of the NABR, informed Strom by telephone that Bavetta had filed a grievance (Garretson Affidavit, para. 4). Mr. Garretson also discussed the grievance with Strom by telephone in June, 1981 and informed Strom that the NABR would be conducting grievance proceedings against him at the NABR's annual meeting to be held in September, 1981. Id.2 No copy of the grievance was mailed, sent or given to Strom at that time.
The next contact between Strom and the NABR concerning the Bavetta charge occurred on September 21, 1981. Strom was informed that a hearing would be held on the Bavetta complaint three days later, on September 24, 1981. Edward Rush, an Executive Board member of the NABR, then handed Strom a copy of Bavetta's letter to Phillips.
Answer to Interrogatory No. 8, Docket No. 14. Thus, the charge was given to Strom over five months after it was filed.
The hearing was held on September 24, 1981. Minutes were kept of the grievance hearing by the NABR. Phillips asked Strom if he was going to have counsel represent him at the hearing and advised him that if he needed additional time to secure counsel the Executive Board of the NABR would accommodate him. Strom replied that he did not need an attorney and asked to proceed. Phillips asked Strom if he was prepared and if he had sufficient notice of the hearing and Strom replied that he had known about the complaint for some time and that earlier in the week he had been provided with a copy of the complaint. Strom was also advised by Phillips that he had a right to cross-examine any witness and had a right to call witnesses in support of his position. Phillips Affidavit, paras. 3, 4, 5; Minutes.
At the hearing, Bavetta described the incident in Boston on November 29, 1979 and referred to the article in Referee Magazine which Bavetta claimed was critical of him and of the NABR's handling of the Strom-Bavetta incident. Strom testified and denied having attempted to choke Bavetta as Bavetta claimed. Strom called one witness who testified to what he had heard about the incident at Bavetta's wedding. See, Minutes.
At the conclusion of the meeting, the Executive Board of the NABR met, found Strom guilty and imposed a three-year period of probation. The exact terms of the probation were to be determined at a later time. Strom did not state either during the hearing or immediately thereafter that he had not received sufficient notice of the charges against him. Phillips Affidavit, para. 4. On March 3, 1982, the NABR issued a decision on the charges filed against Strom by Bavetta and imposed a three-year period of probation with certain stated terms and conditions.
Section 101(a)(5) of the Act provides:
Safeguards against improper disciplinary action. -- No member of any labor organization may be fined, suspended, expelled, or otherwise disciplined except for nonpayment of dues by such organization or by any officer thereof unless such member has been (A) served with written specific charges; (B) given a reasonable time to prepare his defense; (C) afforded a full and fair hearing. . . .