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Federal Court Orders Union to Remove Anti-Democratic Rule (Click here for a link to the decision.)

Feedback on the Section 199 decision:

“We haven’t felt the whole thing trickle down yet, but it’s a huge win.” -- Richard Moore, a Canadian member who first alerted AUD to the problem after being charged under Section 199.

“I really appreciate AUD work on this issue. I too am a UA member, Local 32, and know that constitutional rules and by-laws are “real” threats to voicing new ideas or opposition to the status quo. This was evident in the past international union election process. Keep up the good work!” -- Michael Woo, from Seattle’s Northwest Labor and Employment Law Center (LELO)

“I have received many emails by members telling me that when they visit my site and other union democracy sites, they feel there is hope for justice. Members want to feel they can be part of the process, and they should be. Now, with this latest victory of Section 199 we have momentum, and we plan to capitalize on that.” -- Frank Natalie, of Local 7 in New York

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On March 6^th, U.S. District Court Judge James Robertson ruled that Section 199 of the constitution of the United Association of Plumber and Pipefitters (UA) violated members rights under federal law. Section 199 of the UA constitution states, "Any member of the United Association found guilty of sending out circular letters of falsehood and misrepresentation shall be expelled, and the Local Union that permits such action shall also be expelled."

The Judge's order requires the UA to "excise Section 199 from all future printings or publishings of the [UA] Constitution" and publish the complete text of the judge's memorandum and order in the union's publication, the UA Journal, "within the next 60 days," under the title "Court Invalidates Section 199 as Unlawful Restraint on Members' Free Speech Rights."

In the memorandum, Judge Robertson writes, "Section 199 is of 'no force or effect' because it is inconsistent with union members' rights 'to express any views, arguments, or opinions'…" agreeing with the plaintiffs that the mere existence of the provision has "a chilling effect." Title One of the Labor Management Reporting and Disclosure Act (LMRDA) protects union members' right to free speech in union affairs, and is enforced by civil suit.

"This is a tremendous victory," said Chuck Callihan, the California pipefitter, who along with Wilbur Thomas of Austin, Texas, was plaintiff to the lawsuit. "It means the individual has a right to get up and state his opinion at meetings or print a newsletter without fear of being expelled from the union." Callihan had been charged by officers of his local under Section 199 in retaliation for publishing a rank-and-file newsletter called "Members for Union Democracy."

Herman Benson, founder of the Association for Union Democracy (AUD), described the victory as " an unqualified vindication of the right of members to free speech" that will "be a spur to union democracy not only for pipefitters and plumbers but for members of other construction unions. What's necessary now is that others become aware of this victory."

AUD board member Arthur Fox represented the UA members. Attorneys for the UA had argued that Section 199 was not a threat to free speech because it was rarely used. The judge rejected this argument. Just days after his decision, a UA member in Pennsylvania was charged for "circulating a letter of falsehood" under the same Section 199 of the UA constitution.

For more information, please contact Matt Noyes at the Association for Union Democracy, 718-564-1114 , fax 718-855-6799, e-mail: info@uniondemocracy.org; www.uniondemocracy.org.

For the plaintiffs' brief, the text of the decision, and other reports and documents related to this case, see Frank Natalie's website: http://capital.net/~frankn/

See Pipefitters win points in battle for democracy for more background.

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