FRANCISCO A. BESOSA, District Judge.
Before the Court is United States Magistrate Judge Silvia Carreño-Coll's Report and Recommendation ("R & R") (Docket No. 46), recommending that plaintiff Unión de Empleados de Muelles de Puerto Rico, Inc. ("UDEM")'s motion for a preliminary injunction (Docket No. 19) be denied; that defendant International Longshoremen's Association, AFL-CIO ("ILA")'s motion to strike UDEM as a party (Docket No. 26) be granted; and that the Court order Banco Popular to acknowledge the presumptive validity of the ILA's trusteeship over Local 1901.
UDEM objected to the R & R (Docket No. 48), and the ILA responded to UDEM's objections (Docket No. 50). After independently examining the entire record and giving due consideration to UDEM's objections, the Court
A district court may refer a pending dispositive motion to a magistrate judge for a report and recommendation.
The magistrate judge issued a thorough and well-analyzed R & R after conducting a three-day hearing on UDEM's motion for a preliminary injunction. UDEM raises three objections to the magistrate judge's recommendations, and the Court addresses each objection in turn.
UDEM first objects to the magistrate judge's conclusion that UDEM did not disaffiliate from the ILA successfully. (Docket No. 48 at pp. 1-5). Relying on a series of cases as persuasive authority, the magistrate judge concluded that UDEM's right to disaffiliate from the ILA is governed by the ILA constitution, which constitutes a contract between UDEM and the ILA. The magistrate judge then looked to article XII, section 4, of the ILA constitution, which provides that "no local union shall withdraw or be dissolved so long as at least ten (10) members in good standing object to its dissolution at a meeting called to consider the question." (Def.'s Exh. A, art. XII, § 4.) The magistrate judge, agreeing with the ILA's interpretation, read this provision as requiring that prior notice be given to the membership that a meeting will be held specifically for the purpose of considering disaffiliation. Because the magistrate judge found no evidence indicating that prior to the May 9, 2015 meeting, the membership was notified that the meeting was being called to consider disaffiliation, she concluded that the disaffiliation vote taken at that meeting was procedurally defective and therefore void.
UDEM challenges the magistrate judge's reliance on article XII, section 4, of the ILA constitution. It argues that that provision concerns dissolution and "has nothing to do with disaffiliation." (Docket No. 48 at p. 4.) Although article XII, section 4, does not mention the words "disaffiliate" or "disaffiliation," it does mention the word "withdraw."
UDEM next objects to the magistrate judge's conclusion that the ILA had a valid basis for imposing trusteeship over UDEM. (Docket No. 48 at pp. 5-13.) The magistrate judge found that the ILA's primary purpose in imposing trusteeship was to neutralize UDEM's resistance to a proposed merger of local unions. The ILA constitution gives the ILA the unilateral right to merge local unions, (Def.'s Exh. A, art. XII, § 4), and ILA has the statutory right to impose trusteeship over local unions to carry out any "legitimate object[]" of the ILA,
UDEM's challenge to this conclusion is not a model of clarity. UDEM seems to argue that the ILA was required to hold a "prior hearing" or give "a minimum of due process" before imposing emergency trusteeship, (Docket No. 48 at pp. 6-7), but it points to no authority establishing these requirements. UDEM also seems to claim that the ILA was required to arbitrate an issue regarding the breach of a work sharing agreement before imposing trusteeship, but the ILA is not a party to the contract containing the arbitration clause to which UDEM cites.
After conducting a de novo review, the Court finds that UDEM's arguments lack merit. The Court therefore adopts the magistrate judge's conclusion that the ILA had a valid basis for imposing trusteeship over UDEM.
UDEM's final objection is to the magistrate judge's conclusion that UDEM must be stricken as a party because its trustee did not authorize the suit. (Docket No. 48 at pp. 13-14). The magistrate judge explained that section 304(a) of the Labor-Management Reporting and Disclosure Act ("LMRDA") permits a local union to sue an international labor organization regarding trusteeship.
In its underdeveloped objection, UDEM essentially argues against a straw man. UDEM states that section 304(a) of the LMRDA grants a local union and its members the right to challenge a trusteeship. (Docket No. 48 at p. 14.) This is not the determinative issue; the magistrate judge and the ILA agreed that section 304(a) of the LMRDA gives UDEM standing to bring suit. The issue is, once in trusteeship, who had the authority to bring suit in UDEM's name. Through reasoned analysis relying on persuasive authority, the magistrate judge concluded that UDEM could bring suit only with the trustee's authorization. UDEM makes no specific objection to this conclusion, so the Court need not tarry. After conducting a de novo review, the Court adopts the magistrate judge's conclusion that UDEM must be stricken as a party.
The Court has made an independent examination of the entire record in this case, including UDEM's objections, and
Finally, the Court
Judgment shall be entered accordingly.