THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

___________________________________

)

ALMA T. McBROOM, )

)

Plaintiff )

)

v. ) Civil Action No.: 2:06 CV 767-F

)

JOHN E. POTTER, POSTMASTER )

GENERAL UNITED STATES POSTAL )

SERVICE; AMERICAN POSTAL )

WORKERS UNION, AFL-CIO; THE )

MONTGOMERY ALABAMA AREA )

LOCAL ALABAMA POSTAL )

WORKERS UNION, AFL-CIO; and )

VANESSA GORDON, )

)

Defendants )

___________________________________ )

ANSWER OF THE AMERICAN POSTAL WORKERS UNION, AFL-CIO

The American Postal Workers Union, AFL-CIO (“APWU”) answers the Amended

Complaint as follows:

I. NATURE OF THE CASE

The first paragraph of the Amended Complaint is not numbered. This paragraph contains

legal conclusions that do not need an answer. To the extent that an answer is required, APWU

denies the allegations contained in this first unnumbered paragraph.

II. JURISDICTION

1. Paragraph 1 of the Amended Complaint contains legal conclusions that do not

need an answer. To the extent that an answer is required, APWU denies the allegations

contained in Paragraph 1.

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III. PARTIES

2. APWU denies information or knowledge to form a belief as to the truth or falsity

of the allegation contained in Paragraph 2 of the Amended Complaint, that the plaintiff is over

the age of 19 years and is a resident of Montgomery County, Alabama, and consequently denies

that allegation. 

3. APWU admits, in Paragraph 3 of the Amended Complaint, that John E. Potter is

the Postmaster General of the United States Postal Service. APWU denies information or

knowledge to form a belief as to the truth or falsity of the remainder of the allegations contained

in Paragraph 3, and consequently denies that allegation.

4. APWU admits that its principal offices are located at 1300 L Street, NW,

Washington, DC 20005. The APWU avers that it is an unincorporated labor organization which

is recognized pursuant to 39 U.S.C. § 1203 as the exclusive collective bargaining representative

nationwide of postal employees who are postal clerks, maintenance employees and motor vehicle

employees. APWU denies that defendant “Montgomery Alabama Area Local Alabama Postal

Workers Union” is a branch of the APWU. APWU avers that defendant Montgomery Alabama

Area Local, American Postal Workers Union, AFL-CIO is a fully autonomous body affiliated

with the APWU with its principal offices in Montgomery, Alabama. APWU avers that it is

responsible for the enforcement of its own constitution. APWU admits that Plaintiff was a

member of the APWU until approximately early October of 2004. The APWU denies all other

factual allegations of paragraph 4 of the Amended Complaint.

5. APWU denies information or knowledge to form a belief as to the truth or falsity

of the allegation contained in Paragraph 5 of the Amended Complaint, and consequently denies

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that allegation. 

VI. FACTUAL ALLEGATIONS

6. APWU admits the allegations contained in Paragraph 6 of the Amended

Complaint. 

7. APWU denies information or knowledge to form a belief as to the truth or falsity

of the allegation contained in Paragraph 7 of the Amended Complaint, and consequently denies

that allegation. 

8. APWU denies information or knowledge to form a belief as to the truth or falsity

of the allegation contained in Paragraph 8 of the Amended Complaint, and consequently denies

that allegation. 

9. APWU denies information or knowledge to form a belief as to the truth or falsity

of the allegation contained in Paragraph 9 of the Amended Complaint, and consequently denies

that allegation. 

V. CAUSES OF ACTION

CLAIM AGAINST THE POSTAL SERVICE

10. Paragraph 10 of the Amended Complaint contains legal conclusions that do not

need an answer. To the extent that an answer is required, APWU denies the allegations

contained in Paragraph 10.

11. Paragraph 11 of the Amended Complaint contains legal conclusions that do not

need an answer. To the extent that an answer is required, APWU denies the allegations

contained in Paragraph 11.

a. APWU asserts that Paragraph “a” of subsection V “Claim Against the Postal

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Service” of the Amended Complaint contains Plaintiff’s prayer for relief. No response is

required to the prayer for relief; however, to the extent that this paragraph contains allegations of

fact, these allegations are denied.

b. APWU asserts that Paragraph “b” of subsection V “Claim Against the Postal

Service” of the Amended Complaint contains Plaintiff’s prayer for relief. No response is

required to the prayer for relief; however, to the extent that this paragraph contains allegations of

fact, these allegations are denied.

CLAIMS AGAINST THE DEFENDANTS APWU, THE MONTGOMERY

ALABAMA AREA LOCAL ALABAMA POSTAL WORKERS UNION, AFL-CIO;

VANESSA GORDON

12. In response to Paragraph 12, APWU avers that Plaintiff was a member of the

APWU and the Montgomery Alabama Area Local, American Postal Workers Union, AFL-CIO

until approximately October 2004. APWU denies all other factual allegations in Paragraph 12.

13. APWU denies information or knowledge to form a belief as to the truth or falsity

of the allegation contained in Paragraph 13 of the Amended Complaint, describing

communication between Vanessa Gordon and the Plaintiff and consequently denies that

allegation. Paragraph 13 contains legal conclusions to which no response is required. To the

extent a response is required, the APWU denies all other allegations in Paragraph 13.

14. APWU denies information or knowledge to form a belief as to the truth or falsity

of the allegation contained in Paragraph 14 of the Amended Complaint.

15. APWU denies the allegations contained in Paragraph 15.

a. APWU asserts that Paragraph “a” of subsection V “Claims Against Defendants

APWU and Montgomery Alabama Area Local Alabama Postal Workers Union, AFL-CIO;

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Vanessa Gordon” of the Amended Complaint contains Plaintiff’s prayer for relief. No response

is required to the prayer for relief; however, to the extent that this paragraph contains allegations

of fact, these allegations are denied.

b. APWU asserts that Paragraph “b” of subsection V “Claims Against Defendants

APWU and Montgomery Alabama Area Local Alabama Postal Workers Union, AFL-CIO;

Vanessa Gordon” of the Amended Complaint contains Plaintiff’s prayer for relief. No response

is required to the prayer for relief; however, to the extent that this paragraph contains allegations

of fact, these allegations are denied.

c. APWU asserts that Paragraph “c” of subsection V “Claims Against Defendants

APWU and Montgomery Alabama Area Local Alabama Postal Workers Union, AFL-CIO;

Vanessa Gordon” of the Amended Complaint contains Plaintiff’s prayer for relief. No response

is required to the prayer for relief; however, to the extent that this paragraph contains allegations

of fact, these allegations are denied.

16. APWU denies each and every allegation requiring answer not heretofore admitted

or denied. 

17. APWU further denies that Plaintiff is entitled to the relief sought or to any relief

whatsoever.

FIRST AFFIRMATIVE DEFENSE

The Amended Complaint fails to state a claim against the APWU upon which relief may

be granted.

SECOND AFFIRMATIVE DEFENSE

The Amended Complaint is time barred.

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THIRD AFFIRMATIVE DEFENSE

The claims against the APWU should be dismissed because it did not violate any duty

owed to the plaintiff.

FOURTH AFFIRMATIVE DEFENSE

The APWU did not have knowledge of, nor did it acquiesce, approve, or ratify, any

alleged wrongdoing by the Local.

FIFTH AFFIRMATIVE DEFENSE

Plaintiff is not entitled to reinstatement, lost back and future wages, actual damages,

compensatory damages, punitive damages or attorney’s fees and costs as a matter of law.

SIXTH AFFIRMATIVE DEFENSE

Should Plaintiff be entitled to back pay, the United States Postal Service is liable for all

back pay.

SEVENTH AFFIRMATIVE DEFENSE

Plaintiff is not entitled to attorney’s fees or costs from the APWU.

WHEREFORE, the APWU requests of the Court that the Plaintiff have and recover

nothing from the APWU, that the Amended Complaint be dismissed, that the costs of this action

be taxed against the Plaintiff and that as part of these costs there be included a reasonable

attorney's fee for the APWU and that the Court grant such other and further relief as the Court

deems just and proper.

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Dated: November 13, 2006 Respectfully submitted,

O’DONNELL, SCHWARTZ & ANDERSON, P.C.

Counsel for Defendant APWU

By: /s/ Anton Hajjar 

Anton G. Hajjar (D.C. No. 359267)

By: /s/ Brenda Zwack 

Brenda C. Zwack (D.C. No. 482673)

1300 L Street, NW, Suite 1200

Washington, DC 20005-4126

TEL (202) 898-1707/FAX (202) 682-9276

ahajjar@odsalaw.com

bzwack@odsalaw.com

NAKAMURA, QUINN & WALLS LLP

Local Counsel for Defendant APWU

By: /s/ Patrick Nakamura 

Patrick K. Nakamura

Alabama Bar No. ASB-1814-A64P

2204 Lakeshore Drive, Suite 130

Birmingham, AL 35209

TEL (205) 870-9989/FAX (205) 803-4143

Nakamura@ngwlaw.com

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Certificate of Service

I hereby certify that I have this day caused the following to be served through the court’s

electronic case filing system with a copy of the foregoing Answer of the American Postal

Workers Union, AFL-CIO:

Stephen Michael Doyle

UNITED STATES ATTORNEY’S OFFICE

P.O. Box 197

Montgomery, AL 36101

William Post Roberts, II

HOWELL, SARTO, & HOWELL

147 E. Main Street

Prattville, AL 36067

I hereby certify that I have this day caused the following to be served through U.S. firstclass mail, postage pre-paid, of the foregoing Answer of the American Postal Workers Union,

AFL-CIO:

Alma T. McBroom

Pro Se Plaintiff

921 Hugh St.

Montgomery, AL 36108

November 11, 2006 /s/ Patrick Nakamura 

 Patrick K. Nakamura

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