Teamsters Agricultural Workers Union, Local 946 v. International Brotherhood of Teamsters

I. Introduction

Plaintiff, Teamsters Agricultural Workers Union Local 946 (Local 946), brought this action under the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) ( 29 U.S.C. §§ 401-531 ) to enjoin continuation of a trusteeship imposed by defendant International Brotherhood of Teamsters (the International) in 1975.

The International cross-complained against individuals who had been elected officers of Local 946 for conversion and an accounting of funds collected by them.

The trial court conducted the trial without a jury and found for the International and other defendants on the complaint and for the International and against the individuals on the cross-complaint. This appeal followed.

n. Facts

In August 1975, the International issued a charter to Local 946 and impressed upon it a trusteeship to manage its affairs. No issue is raised on appeal as to the validity of the action imposing the trusteeship. The charter became officially effective on January 1, 1976. Frank Fitzsimmons, the International’s general president, appointed respondent Ralph Cotner trustee. During his stint as trustee, Cotner also held a position as director of Western…