USCA1 Opinion

UNITED STATES COURT OF APPEALS

FOR THE FIRST CIRCUIT
____________________

Nos. 95-1224
95-1337

AFL-CIO LAUNDRY AND DRY CLEANING

INTERNATIONAL UNION,

Plaintiff - Appellant,

v.

AFL-CIO LAUNDRY, ET AL.,

Defendants - Appellees.

____________________

APPEALS FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Joseph L. Tauro, U.S. District Judge]

___________________

____________________

Before

Torruella, Chief Judge,

___________
Lynch, Circuit Judge,
_____________
and Stearns,* District Judge.
______________

_____________________

Nathan S. Paven, with

_______________
Lois H. Johnson and
_________________

whom Paven & Norton, Warren H. Pyle,

______________ _______________

Angoff, Goldman, Manning, Pyle, Wanger &

__________________________________________

Hiatt, P.C. were on brief for appellant.

___________

Shelley B. Kroll, with whom Anne R. Sills and Segal, Roitman

________________
_____________
______________

& Coleman were on brief for appellees.

_________

____________________

December 5, 1995
____________________

____________________

Of the District of Massachusetts, sitting by designation.

TORRUELLA, Chief
TORRUELLA, Chief

Judge.
Judge.

The AFL-CIO Laundry

and Dry

____________

Cleaning

International Union

("the International")

appeals the

district court's decision to deny its motion for an injunction to

compel the AFL-CIO Laundry

Local 66

assets,

and Dry Cleaning International Union,

("Local 66") and several

books,

International.

and

records

to

of its officers to

trustee

appointed

turn over

by

the

We affirm the decision of the district court.

BACKGROUND
BACKGROUND

The

following facts

are

not in

dispute.

Local

66

represents laundry workers in the Somerville, Massachusetts area.

On

August

25,

1993,

Local

66

wrote

to

the

International

requesting its approval to disaffiliate from the International in

order

to reaffiliate

Workers International

with

the Amalgamated

Union ("ACTWU").

Clothing &

Textile

The International denied

Local 66's request.

disaffiliate,

Thereafter, Local 66's membership voted

and Local

66 informed

the International

to

of this

decision on November 18, 1994.

In response, the International declared that, under its

constitution,

an emergency existed with regard to Local 66.

International suspended all of

a trustee over Local 66.

and also refused to

The

Local 66's officers and appointed

Local 66 did not recognize the trustee,

turn over its books, records,

bank accounts

and premises.

On

complaint

officers to

December

requesting

12,

1994,

injunctive

recognize the

the

relief

trustee.

-2-

The

International

to

force

filed

Local

district court

66's

denied

-2-

this request in its Order of January 26, 1995.

court made

were

its decision,

the merits

of the

before the National Labor Relations

decided that Local 66

opinion as "Local

affiliate.

(N.L.R.B.

See
___

May 10,

When the district

underlying dispute

Board, which has since

(now "Local 66L," but referred

66") will

represent the workers

Aramark Uniform Services,

__________________________

1995) (memorandum

also

Case

to in this

as an

ACTWU

1-CA-32465

addressing companion

cases).

Here,

the International

appeals the

district court's

decision denying injunctive relief.

DISCUSSION
DISCUSSION

We review a

preliminary injunction

error"

of fact

Petroleum,
_________

or

district court's denial of

only for "abuse of

related law.

990 F.2d 25,

discretion" or "clear

Coastal Fuels
_____________

26 (1st Cir.

a motion for

v.

Caribbean
_________

1993); Planned Parenthood

__________________

League of Mass. v. Bellotti, 641 F.2d 1006, 1009 (1st Cir. 1981).
_______________
________

To

International

be

entitled

had to show the

suffer irreparable harm

that such

to

preliminary

district court (1)

if the injunction were

injury outweighed

injunction,

any harm which

the

that it would

not granted; (2)

granting injunctive

relief

would

inflict on

the

defendant;

(3) a

likelihood

of

success on the merits; and (4) that the public interest would not

be adversely affected by granting the injunction.

on Behalf of NLRB
__________________

1994);

v. Sullivan Bros.,
______________

38 F.3d 58,

See, e.g., Pye

___ ___
___

63 (1st Cir.

Narragansett Indian Tribe v. Guilbert, 934 F.2d 4, 5 (1st

_________________________
________

Cir. 1991).

-3-3-

The district court denied the International's motion on

the

grounds

that

the

International

failed

to

show

likelihood that it would succeed

on the merits or that it

suffer

injunction did

irreparable harm

particular,

the

likelihood of

the

merits

purpose of

if the

district

court

found

success, the International

since

the

trusteeship aimed

would

not issue.

that

contrary

was likely to

at

either

the

preventing Local 66's disaffiliation.

In

to

fail on

illegitimate

Additionally,

the district court found that the true harm to the International,

the loss of

the harm

the workers in Local 66, had already occurred, while

that the

International claimed, inability

to exercise

its rights under its constitution, was merely "symbolic."

On appeal,

trying to

use

explains that

simply

the International

the trusteeship

extant.

it

is not

disaffiliation.

has already taken

It

place, it

wishes to recover the property, books, and records of the

66, Laundry Workers," which it

claims is

As a result of this asserted continued existence,

the International

and

to prevent

since disaffiliation

entity it terms "Local

still

responds that it

further argues

will likely

succeed on

that its trusteeship

the

merits.

is valid

Furthermore, the

International contends that it is favored by the balance of harms

test, since this

test requires that

the sought-after assets

worker support.

in order

the International be

to compete with

Local 66

given

for

-4-4-

The validity

recognized, is

of a

trusteeship, as the

governed by Section

462 of the

district court

Labor Management

Reporting and Disclosure Act, which states that:

Trusteeships

shall

be

established

and

administered by a labor organization over

a

subordinate

body

only in

accordance

with the constitution

organization

and bylaws of

which

has

the

assumed

trusteeship over the subordinate body and

for the purpose of
or

financial

malpractice, assuring

performance

of

agreements

or

bargaining

collective
other

procedures,
out

the

bargaining

duties

representative,

democratic
carrying

correcting corruption

of

restoring

or

otherwise

the legitimate

objects of

such labor organization.

29

U.S.C.

legitimate

union's

462

(1988).

reasons for

membership,

financial

imposing a

malpractice;

462

assuring the

Id.
___

forth

correcting

specific

benefits a

corruption

performance

or other bargaining

procedures.

sets

trusteeship that

including:

bargaining agreements

democratic

Section

or

of collective

duties; and restoring

However,

courts

have

widely

recognized that preventing disaffiliation is not a proper purpose

under

462 for the

imposition of a trustee.

Local

Union 13410

__________________

v.

United Mine Workers,

____________________

475 F.2d

906,

912 (D.C.

Cir. 1973);

United Bhd. of Carpenters v. Brown, 343 F.2d 872, 873 (10th Cir.
__________________________
_____

1965); Boilermakers v. Local Lodge 1244, 1988 WL 114590, *5 (N.D.

____________
________________

Ind.); International Bhd. of Boilermakers v. Local Lodge D405,

____________________________________
_________________

699

F. Supp.

749, 755

(D. Ariz.

1988); International Bhd. of

______________________

Boilermakers v. Local Lodge D74, 673 F. Supp. 199, 203 (W.D. Tex.
____________
_______________

1987).

-5-5-

The International correctly contends that

on its trustee

show by

a presumption

clear and convincing

not established

U.S.C.

met this

allegations and

other

factors

evidence that the

in good faith for

464(c) (1988).1

Local 66 had

of validity, unless

can

trusteeship was

Act.

29

However, the district court found that

presented no

International argues

Local 66

a purpose under the

burden, since the

that would

462 confers

International made

evidence of financial

support

trusteeship.

that the trusteeship was

no

misdeeds or

While

the

imposed after the

_____

disaffiliation, and

thus could not prevent it,

by denying Local 66 current access to

International

could

forestall

recognition from employers as

ACTWU.

we conclude that

its records and funds, the

Local

66's

attempts

The strongest evidence was that

the International sought

Which states that:

In

any

section

proceeding
a

to

this

trusteeship established

by a

pursuant

labor organization in conformity with the

procedural

requirements

of

its

constitution and bylaws and authorized or

ratified

after

fair

hearing

either

before the executive board or before such

other

body

accordance
bylaws

shall

as

may

with

its

be

period of eighteen
of

to

attack

be

provided

in

constitution

or

presumed

valid

for a

months from the

its establishment

subject

gain

a bargaining agent affiliated with

____________________

to

and
during

date

shall not
such

be

period

except

upon

clear and

that the trusteeship was

convincing proof
not established

or maintained in good faith for a purpose

allowable

under

section

462

of

this

title.

Id.
___

-6-6-

the

vote.

trusteeship to

influence

the matter

of the

disaffilation

On

requires

appeal,

the books

the International

and

records in

also

order

contends

for its

that it

"Local

66,

Laundry Workers" to continue representing workers, a valid reason

for

a trusteeship under

already found

462.

However, the district court has

that the International and

were not representing workers

instead sitting atop

an "empty

its appointed trustees

after the disaffiliation, but were

shell."

The

district court

so

determined based on evidence that 98 percent of those voting from

Local 66 had

months all

voted to disaffiliate and

but two of

fifteen employers

willingness

to recognize

uphold

district court's

Laundry

the

that in less than

Local 66

as an

factual

had already

expressed

ACTWU affiliate.

finding

three

that "Local

We

66,

Workers" is an empty shell as not clearly erroneous, and

thus reject the International's argument that it needs the assets

for ongoing representation.

We also

balance

of

uphold the

harms

injunction.

test

On appeal,

favors

the

denying

the

International

motion

for

contends that

the

resulted

from being deprived of the assets in question while the

court

representing

balance of

had bargaining

recognized

the bulk of the

harms

rights to

that

irreparable harm

an

court failed

district

recognize the

that the

district

International

to

district court's finding

protect.

Local 66,

ACTWU

employees in question,

favored denying

-7-7-

the

injunction.

that

However, the

was

already

and so the

While

the

International may indeed have been inhibited in competing for the

workers' representation,

of obstructing

their actual

the district court's

judgment

appellee.

of the

that harm does not

outweigh the danger

current representation.

finding.2

district court

For

We uphold

the foregoing reasons,

is affirmed.
affirmed.
________

Double

the

costs to

____________________

Appellant has asked for a status conference in order to settle

the question

of

its entitlement

to

the requested

records,

request which the district court may consider at its discretion.

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