311 F. Supp. 3d 638
S.D. Ill.2018Background
- This is an appeal by three candidates (McKenna, Corrigan, DeFalco) challenging an Independent Monitor's (IM) decision resolving a protest about campaign conduct during a union election under a Consent Decree and Election Rules.
- Protest alleged: (1) defamatory/slanderous campaign statements, (2) unlawful commercial use of a texting service possibly violating FCC rules, and (3) misuse of union resources to obtain members' cellphone numbers.
- The IM investigated, reviewed submissions and receipts, issued a mid-election order banning personal negative attacks, required removal of certain materials, and required prior approval for future materials, but ultimately denied the Protest on January 10, 2018.
- The IM concluded that individual allegedly defamatory statements were not so egregious or shown to have materially affected the election to warrant further sanction or mini-trial; he also found texting use was on counsel's advice and unlikely to affect the election.
- For the cellphone-number allegation, the IM reviewed interviews, electronic data, and receipts and concluded numbers were collected by slate members and supporters, not from union databases.
- The district court reviewed the IM decision under the APA’s deferential standard and denied the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standard of review | IM applied incorrect or insufficient review | APA mandates deferential review of IM findings | Court upheld deferential APA review; IM findings sustained as reasonable and supported by substantial evidence |
| Defamatory/slanderous statements | Statements were defamatory and violated Election Rules; warranted remedies | Election Rules silent on defamation; IM discretion; statements not materially affecting election | Denied relief; IM acted reasonably, took remedial measures, and was not required to litigate truth of each statement |
| Alleged FCC violations for mass texting | Commercial texting violated FCC and thus Election Rules consequences required | Even if FCC rules were violated, IM need not investigate further absent material impact; use was on counsel's advice | Denied relief; IM reasonably declined further probe given lack of material effect and no nexus to Consent Decree goals |
| Use of union information to obtain numbers | Slate abused office to access union databases for cellphone numbers | IM investigation showed numbers came from slate members/supporters and private services, not union databases | Denied relief; IM’s factual finding supported by evidence and need not be reweighed by court |
Key Cases Cited
- United States v. Int'l Bhd. of Teamsters, 247 F.3d 370 (2d Cir.) (describing APA review as extremely deferential)
- United States v. Int'l Bhd. of Teamsters, Chauffeurs, Warehousemen & Helpers of Am., AFL-CIO, 19 F.3d 816 (2d Cir.) (discussing deference to agency/monitor findings and standards for review)