A federal appeals panel has written what may stand as the final words in a long-running fight over control of a powerful Illinois public employee union.
A U.S. Seventh Circuit Court of Appeals panel has upheld a ruling from U.S. District Judge Rebecca Pallmeyer, resolving litigation that started in 2019 when Christine Boardman and Terri Barnett, former president and vice president of Chicago-based Service Employees International Union Local 73, sued to challenge their 2016 expulsion.
Boardman and Barnett had claimed their ousters amounted to improper retribution for political decisions.
Seventh Circuit Judge Diane P. Wood
| ballotpedia.org
Seventh Circuit Judge Diane Wood wrote the panel’s opinion, filed Dec. 26; Judges Frank Easterbrook and Thomas Kirsch concurred.
Boardman alleged she was wrongfully booted because she did not back Mary Kay Henry’s successful run for international union president and criticized Henry’s effort to have the union endorse a candidate in the 2016 U.S. presidential election.
The union endorsed Hillary Clinton, but the suit did not mention Clinton by name.
Barnett alleged she was removed because of her association with Boardman.
The lawsuit alleges violation of rights to free speech and due process under the U.S. Labor Management Reporting and Disclosure Act. The women sought reinstatement to their posts and damages.
In March 2020, Pallmeyer ruled the women could continue their litigation, but only in pursuit of financial compensation and not their reinstatement. In September 2022, she granted summary judgment to the union.
According to court documents, Boardman became president of Local 73 in November 2000.
The panel noted Boardman supported Henry’s opponent in a 2010 bid to become SEIU International president; noted clashes between the two over organizing efforts for health workersl and said Boardman strongly supported Vermont Sen. Bernie Sanders during the 2016 Democratic primary campaign, all of which Boardman described as a “pattern of dissent” giving rise to the alleged punishment.
On Aug. 3, 2016, SEIU International imposed a trusteeship on Local 73 and removed Boardman from her post. Wood characterized the union’s position as attempting to resolve perpetual infighting between Boardman and Secretary-Treasurer Matthew Brandon. The panel detailed this history between Boardman and Brandon, including Boardman allegedly rescinding a scheduled retirement and seeking to maintain control.
“Chaos erupted during a Local Executive Board meeting on July 15, 2016,” Wood wrote. “Anticipating that Brandon would contest her authority to lead the meeting, Boardman hired off-duty police officers to attend. Armed supporters of Brandon appeared, shouting that Boardman should ‘let Brandon take over.’ Boardman filed internal charges against Brandon in which she described the meeting as a ‘coup d’état.’ She added that concern that ‘violence might erupt’ led the Local to postpone a general membership meeting scheduled for the following day.”
In district court, Pallmeyer ruled the SEIU imposed the trusteeship validly and granted summary judgment on the remaining claims, as they depended on Boardman’s allegation the trusteeship was invalid.
On appeal, Boardman argued Pallmeyer was wrong to reject her retaliation claim after finding even one proper purpose for imposing the trusteeship was enough. Boardman asked the panel to find the inverse, that one bad motive would be enough to prove retaliation over potentially neutral bases for imposition.
However, Wood noted, Boardman forfeited those positions by failing to argue them with the case in district court, opting instead to insist the SEIU's only motivation was retaliation.
“Even assuming Boardman merely forfeited this argument, she cannot prevail,” Wood wrote, nothing previous Seventh Circuit rulings rejecting “her proposed ‘one bad motive’ standard.”
The panel further said the Labor Management Reporting and Disclosure Act allows a trusteeship only for “correcting corruption or financial malpractice, assuring the performance of collective bargaining agreements or other duties of a bargaining representative, restoring democratic procedures or otherwise carrying out the legitimate objects of such labor organization.”
Henry’s order imposing the trusteeship cited a need to restore Local 73’s democratic procedures while curbing the “incessant in-fighting” apparently impeding basic governance functions, as well as referencing Local 73 finances, Wood said, adding that “the undisputed evidence in the record supports this asserted basis for the trusteeship” such that any reasonable juror would conclude Henry’s decision was legitimate.
“We are especially hesitant to invade the autonomy of labor organizations,” Wood wrote. “The International considered options short of an emergency trusteeship and concluded that nothing else would restore stability at the local.”
Further evidence to SEIU’s position are attempts to otherwise resolve governance issues over nine months and Henry’s imposition of at least four trusteeships to other local chapters, including one predating the Chicago situation.
Boardman and Barnett are represented by Chicago lawyer Mark S. Schaffner.
The union and its officials are defended by the Chicago firm of Dowd, Bloch, Bennett, Cervone, Auerbach & Yokich, as well as Bredhoff & Kaiser, of Washington, D.C.
Spokespeople for the SEIU did not respond to requests for comment about the decision.