Madelon J. Aguirre v. Automotive Teamsters

This controversy arises out of a vote by union members on whether to ratify a proposed collective bargaining agreement and thereby end a strike against their employers, two cab companies. Appellants, plaintiffs below, are eighty-one members of Automotive Teamsters, Chauffeurs, and Miscellaneous Employees Local Union No. 165 (Local 165). Appellees are Local 165, Local Joint Council of Teamsters No. 38 (the Joint Council), and the International Brotherhood of Teamsters. They appeal from orders granting summary judgment in favor of appellees. We reverse.

On January 8,1976, the members of Local 165 voted in separate morning and evening sessions on acceptance of the employers’ final contract offer. After completion of the evening voting, the tally was announced as 136 in favor of acceptance and 66 opposed. Shortly thereafter, however, at least 124 union members executed (and later filed with the district court) affidavits attesting that they had cast votes against ratification. On February 3, 1976, in view of this indication of election irregularity, appellants sued the appellee unions, their cab company employers and numerous individual union officials.

The complaint alleged that by…