The opinion of the court was delivered by: VANARTSDALEN
The Secretary of Labor (Secretary) filed suit against defendant Metropolitan District Council of Carpenters, United Brotherhood of Carpenters and Joiners of America, AFL-CIO, alleging violations of section 401(c) and 401(g) of the Labor-Management Reporting and Disclosure Act (LMRDA), 29 U.S.C. § 481(c), (g). Before the court are the Secretary's motion for summary judgment and motion for a preliminary injunction. The motions will be denied.
On January 27, 1984, about four months before the election, business agent Michael Dooley, organizer Harrison Langley and the Metropolitan District Council's attorney, with the aid of West Conshohocken Police Chief Joseph Claybourne, confiscated a mailing list from Archibald Allan Associates, a printing company. The mailing list contained the names and addresses of most of the Metropolitan District Council's nine thousand members. The confiscated list was evidently a 1981 copy of the Metropolitan District Council's official membership list, with certain updated information. McCloskey asserts that he obtained the list from a now deceased union member and that it was delivered to Archibald Allan Associates solely in order to have mailing labels printed for his campaign literature.
The officers of the Metropolitan District Council somehow found out about the list and physically retrieved it from the printer with the help of the local police chief. McCloskey filed a civil lawsuit against the individuals involved in confiscating the list, seeking its retrieval, but the Honorable Marvin Katz of this court denied McCloskey's motion for a temporary restraining order and preliminary injunction. McCloskey v. Dooley, No. 84-504 (E.D. Pa. February 13, 1984).
It is undisputed that sometime in February 1984, about a week or two after the above incident, McCloskey sought to have campaign literature mailed out to union members through established union procedures. It is disputed when and how many times he made such request or requests. McCloskey represents that he made two requests, one on February 8, 1984 and the other on February 16, 1984. Defendant claims that a single request was received on February 20, 1984. In either event, McCloskey's February request was denied by Coryell. In a letter dated February 21, 1984, Coryell explained that the reason for denying McCloskey's request was a rule adopted by the Metropolitan District Council at its February 16, 1984 meeting. According to defendant, the rule that was adopted was promulgated pursuant to section 32(c) of the District Council's Bylaws. The rule provided:
Any announced candidate (upon proper request) will be eligible for authorized mailing labels for mailing literature after April 15, 1984. There will be no limit on the number of mailing labels allowed for candidates.
At the February 16, 1984 District Council delegates meeting, internal union charges that had been filed against McCloskey by Coryell and others were read for the first time, in accordance with the Constitution of the United Brotherhood of Carpenters and Joiners of America (UBCJA). Moreover, union member Dooley reported on his activities in conjunction with the civil suit then proceeding before Judge Katz. Such discussion became a part of the detailed minutes prepared by the Secretary/Treasurer that were sent out to the local unions. The charges against McCloskey were read for the second time at the March 15, 1984 District Council delegate's meeting. At that meeting, George Walish, a member of the General Executive Board of the UBCJA, addressed the delegates. A portion of his address was devoted to a "recent communication from a candidate for office that was distributed by mail to most of the Members of the Metropolitan District Council." A page of the March 15, 1984 minutes contained a summary of Walish's responses to the allegations lodged against the officers of the current District Council in that "communication." The "communication" involved was unquestionably one of McCloskey's campaign letters.
Gen. Const. Sec. 55, Para. A(1): Brother McCloskey caused dissension among the members of the United Brotherhood by his misappropriation and misuse of District Council property.
Gen. Const. Section 55, Para. A(7): Brother McCloskey furnished to Archibald Allen [sic] Associates, Inc. an unauthorized person, without the consent of the District Council and its affilitated [sic] Local Unions, a list of the membership of the District Council.
General Constitution Sec. 55, Para. A(8): By distributing a membership list to Archibald Allan Associates, Inc., Brother McCloskey divulged the business of ...