Hodgson v. Local 191, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers
Hodgson v. Local 191, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers
Opinion of the Court
MEMORANDUM OF DECISION
The Secretary of Labor instituted this action to compel the respondent, Local 191 of the Teamster’s Union, to comply with a subpoena duces tecum issued by the Secretary in connection with an investigation under Section 601 of the La
The Secretary’s authorized representative was permitted to examine and copy most of the records subpoenaed,
The Secretary, on the other hand, asserts the right to subpoena all documents “that he may deem necessary to enable him to determine the facts.” There is little question that the legislative history of the Act indicates the intent of Congress to give the Secretary sweeping investigative authority,
While recognizing the formidable language in Local 191, the defendant in the instant case contends the holding is “no longer sound” in the light of the Supreme Court’s ruling in Hodgson v. Local 6799, United Steelworkers, 403 U.S. 333, 91 S.Ct. 1841, 29 L.Ed.2d 510 (1971). The Court disagrees. In Local 6799, the Supreme Court stated that the Secretary was precluded from seeking a judicial remedy for a violation uncovered during a § 601(a) investigation if the complainant union member was aware of the violation and if internal union remedies prescribed in § 402 of the Act had not been exhausted with respect to that alleged violation. This is not to say, however, that § 402 places limitations upon the investigatory authority of the Secretary in addition to those listed in § 601(a). In fact, the majority opinion anticipates that “. . . union members may use broad or imprecise language in framing their internal union protests and that members will often lack the necessary information to be aware of the existence or scope of many election violations.” Id. at 340, 91 S.Ct. at 1846. Moreover, after the ruling in Local 6799 was announced, courts have sustained the Secretary’s authority to conduct comprehensive investigations into alleged election irregularities. See, e. g., Hodgson v. Local 734, Internat’l Bro. of Teamsters, 336 F.Supp. 1243 (N.D.Ill. 1972).
The union’s further contention that the subpoena was not properly served upon the defendant is without merit. The subpoena was addressed to the union at its place of business and accepted by its agent, Anthony G. Rossetti,
. Tlie Compliance Officer had been allowed to inspect and copy the following items specified in the subpoena:
1. Notices sent to members on the nomination and election.
2. Notices posted of the nomination and election.
3. Membership lists (cards).
4. Aroting lists.
5. Minutes of all meetings pertaining to the nomination and election.
6. All ballots used, including those cast, unused, voided and challenged.
7. All work papers, tally sheets and other documents of the Election Committee.
8. All financial records pertaining to the nomination and election.
. II.R. 8342 sponsored by Congressman Elliot. See Cong.Rec. 15550, House, August 11, 1959; Sen.Rept. No. 187 on S. 1555, pp. 41-42.
Reference
- Full Case Name
- James D. HODGSON, Secretary of Labor, United States Department of Labor v. LOCAL 191, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA
- Status
- Published