Plaintiff’s Motion for Summary Judgment - Page 1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

______________________________________

HON. ELAINE L. CHAO, §

SECRETARY, UNITED STATES §

DEPARTMENT OF LABOR, §

 Plaintiff, §

 § CIVIL NO. 4-05-CV-338-Y

v. §

§

ALLIED PILOTS ASSOCIATION, §

Defendant. §

PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

Plaintiff, the Honorable Elaine L. Chao, Secretary, United States Department of

Labor (Chao), by and through the United States Attorney for the Northern District of

Texas and the undersigned Assistant United States Attorney, hereby files this Motion for

Summary Judgment, and respectfully shows the Court the following:

I.

COMPLIANCE WITH LOCAL RULE 56.3(A)

The matters required by Local Rule 56.3(a) of the Local Civil Rules for the

Northern District of Texas are set forth in the United States’ Brief In Support of Motion

for Summary Judgment, which is being filed on this same date. 

 

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II.

MOTION

Chao moves this Court for summary judgment in her favor in the above-referenced

case on the grounds that there are no genuine issues of material fact which would

preclude the award of summary judgment. Specifically, Title IV of the

Labor-Management Reporting and Disclosure Act of 1959 (“LMRDA” or “the Act”)

requires unions subject to its provisions to conduct elections of officer positions by secret

ballot. 29 U.S.C. § 481(a). “Secret ballot” is defined by the LMRDA as “the expression

by ballot, voting machine, or otherwise, but in no event by proxy, of a choice with respect

to any election or vote taken upon any matter, which is cast in such a manner that the

person expressing such choice cannot be identified with the choice expressed.” 29 U.S.C.

§ 402(k). However, the undisputed evidence in this case shows that the remote Internet

voting system used by the Defendant, Allied Pilot’s Association (“APA”), in its 2004

national officer election and run-off election (“2004 elections”), was designed in such a

manner that APA members could be identified with their votes. As set forth in the

accompanying brief, this violation, alone, is sufficient to establish a prima facie

presumption that the outcome of the APA’s 2004 elections may have been affected, and

APA can produce no tangible evidence to defeat this presumption. Thus, given that a

violation of section 401 has occurred which “may have affected the outcome of an

election,” this Court “shall declare the election, if any, to be void and direct the conduct

of a new election under supervision of the Secretary.” 29 U.S.C. § 481.

 

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III.

CONCLUSION

In light of the above, Chao respectfully moves this Court to grant summary

judgment in her favor on the grounds that the remote Internet voting system used by the

APA violated Title IV of the LMRDA. Chao further moves that this Court to order a rerun of the APA national officer election under the supervision of the DOL.

Respectfully Submitted,

RICHARD B. ROPER

UNITED STATES ATTORNEY

s/ Tami C. Parker 

Tami C. Parker

Assistant United States Attorney 

State Bar No. 24003946

Burnett Plaza, Suite 1700

801 Cherry Street, Unit 4

Fort Worth, Texas 76102-6882

Telephone: 817.252.5222

Facsimile: 817.978.6351

 

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CERTIFICATE OF SERVICE

 I hereby certify that on the 5th day of May, 2006 I electronically filed the

forgoing document with the clerk of court for the U.S. District Court, Northern District of

Texas, using the electronic case filing system of the court. The electronic case filing

system sent a Notice of Electronic Filing to the following attorneys of record who have

consented in writing to accept this Notice as service of this document by electronic

means:

SANFORD R. DENISON

Baab & Denison, LLP

Stemmons Place, Suite 1608

2777 N. Stemmons Freeway

Dallas, TX 75207

EDGAR N. JAMES

STEVEN K. HOFFMAN

DAVID P. DEAN

James & Hoffman, P.C.

1107 17th Street, N.W., Suite 510

Washington, D.C. 20036-4704

s/ Tami C. Parker 

TAMI C. PARKER

 

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