this written appeal, plaintiff did not object to the presence of Greener and Bednarczyk on the Local's hearing board. Id.
In a letter dated August 7, 1984, the Executive Board of Teamsters Joint Council 53 informed the plaintiff that his appeal would be heard on August 22, 1984, and that, at that date, he should bring any evidence or witnesses that he wished to present in support of his claim. On August 22, 1984, Joint Council 53 held a hearing on plaintiff's appeal. Though he did not present witnesses or documentary evidence, plaintiff did testify at great length, reiterating the arguments made in his written appeal. In addition, the plaintiff argued that his hearing before the Local Union was unfair because of the familial relationship among Greeley, Greener and Bednarczyk.
Though there is some indication that the Joint Council intended to afford the plaintiff a de novo hearing, the record of the Local Union's hearing was incorporated into the record before the Joint Council. Moreover, a key fact witness against the plaintiff, Magdalena D'Orio, at the Local Union hearing did not appear before the Joint Council, which therefore had no opportunity to question her or assess her credibility. Moreover, Charles Morris, presiding officer at the Local Union's hearing, testified against the plaintiff at the Joint Council hearing. The hearing before the Joint Council was similar to that conducted before the Local Union; testimony and evidence could be submitted, but there was no opportunity to examine opposing witnesses. None of the members of Joint Council 53 who heard plaintiff's appeal were members of Local 676. Nothing in the hearing transcript indicates any bias or prejudgment on the part of the Joint Council members.
On September 24, 1984, the Joint Council rendered its decision on plaintiff's appeal and affirmed his expulsion. Pursuant to Article XIX, § 2 of the International Constitution, plaintiff filed an appeal of the Joint Council's decision with the General Executive Board of the International Brotherhood of Teamsters. All parties were afforded an opportunity to submit relevant papers and evidence by December 5, 1984. Defendants' Exhibit 7. On July 9, 1985, Weldon Mathis, General Secretary-Treasurer of the International Brotherhood of Teamsters, wrote to the plaintiff and informed him that the General Executive Board of the International Brotherhood of Teamsters denied plaintiff's appeal and affirmed his expulsion.
In his letter, Mathis indicated that the International had disregarded plaintiff's repeated charges to various agencies, such as the NLRB, in considering whether plaintiff was properly expelled and relied on his "disruptive conduct within the Local Union Hall and his harrassment of Local Union officials" as justifying the plaintiff's expulsion under Article XIX, § 6(b)(6) of the International Constitution. Plaintiff's Exhibit 42. As to the issue of bias in the Local Union's Executive Board, Mathis wrote "even if the two substitutes were relatives [of a charging party], the fact that the Joint Council conducted a de novo hearing, in any event, cured the alleged defect in the hearing before the Local Union." Id.
At trial, both the plaintiff and the defendants presented evidence relevant to the question of what damages, if any, plaintiff was entitled to if his expulsion was unlawful. From this evidence, we distill the following facts.
First, expulsion as a political member of Local 676 does not preclude a member who pays dues from being referred out for work from Local 676's hiring hall. Moreover, it is not the case that the Local Union operated what is known as an "exclusive hiring hall." The construction contract under which plaintiff worked, and which plaintiff contends limits employment opportunities to union members in good standing, is expressly limited by the requirements of the National Labor Relations Act. Plaintiff's Exhibit 5A at 2-5.
Second, after his expulsion was affirmed in July of 1985, plaintiff, by his own admission, never went to the Local 676 Union Hall to obtain a work referral by signing the out of work list. Nor apparently did the plaintiff attempt to contact employers on his own after his expulsion was affirmed -- partly because, plaintiff asserted, he had for nearly 30 years always obtained work through the Local's hiring hall, he did not have references, and employers were unlikely to hire him given his age.
Third, plaintiff testified that during the period 1970-1985, he was terminated from 70% of his work assignments. Almost all of these terminations, plaintiff contended, resulted from his protests over the use by these employers of non-Teamsters on jobs which the plaintiff thought belonged to Teamsters under the applicable construction contract. Plaintiff was assigned to numerous employers by the Local Union during this period, though he contends that these assignments were often cut short because he was terminated by employers acting at the instigation of John Greeley.
Fourth, in 1970, the plaintiff apparently won a settlement from Local 676 before the NLRB after the Local had discriminated against him in hiring referrals. Between 1970 and 1985, the plaintiff filed 55 Unfair Labor Practice (ULP) charges with the NLRB against employers and the Local Union; the theme of these complaints, generally, was that the Local and its officers colluded with various employers to deprive the plaintiff of work opportunities available to other members of the Local Union. Each of these ULP's was dismissed by the regional office of the NLRB, and plaintiff's appeals were denied by the NLRB.
Fifth, while plaintiff's internal appeal to the International Union was pending, he filed an Unfair Labor Practice charge with the NLRB against Local 676, Joint Council 53 and the International Union, alleging that Local 676 had discriminated against him in hiring hall referrals, and that the internal Union proceedings had adversely affected his employment opportunities. Defendants' Exhibits 8 and 9. In a letter dated May 16, 1985, Peter W. Hirsch, Regional Director of the NLRB, wrote to the plaintiff and explained the Regional Office's reasons for not issuing a complaint. Hirsch said that the plaintiff's charges, after review and investigation by the office, were devoid of merit. With respect to Local 676, Hirsch wrote:
the evidence failed to support the allegation that the Union discriminatorily failed to refer [plaintiff] for employment during the 6-month period prior to the filing of the charge. Employees who were referred by the Union while you were on the out of work list were either requested by the employer by name or referred to jobs which you were unable to perform.
Defendants' Exhibit 10. As to the International Union and Joint Council 53, Hirsch said, "There was no evidence that internal union proceedings in which you have been involved have adversely affected your employment or opportunity for employment." Id.
The plaintiff filed an appeal of Hirsch's decision to the NLRB. Defendants' Exhibit 11. On June 6, 1985, the plaintiff's appeal was denied, with the General Counsel of the NLRB stating:
With respect to your allegations that Teamsters Local 676 operates an exclusive hiring hall, the evidence showed that employers party to a contract with Local 676 are able to acquire employees in manners other than through the hiring hall. Finally, given the restrictions you claim prevent you from working on certain jobs to which the Union may refer you, it could not be said that the union's failure to refer you, if it occurred at all, was unlawfully motivated.