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Belli v. U.S. Dep't of Labor, Office of Labor-Management Standards

Jurisdiction Lacking in Suit Claiming Union's 'Slate Voting' Violates Title I of LMRDA

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MEMORANDUM AND ORDERPlaintiff Mark Belli, proceeding pro se, brings this action against Defendants seeking injunctive and declaratory relief. Belli alleges that Defendant Plumbers Local No. 1′s practice of “slate voting” violates Title I of the Labor-Management Reporting and Disclosure Act of 1959 (the “LMRDA”). For the reasons stated herein, the Court sua sponte dismisses this case for lack of subject-matter jurisdiction. BACKGROUNDBeginning in 2012, Plumbers Local No. 1 instituted “slate voting”, which allows a group of ten or more nominees who meet the election eligibility requirements to be grouped together on the ballot in the union’s General Elections. (Complaint (“Compl.”), Dkt. 1, at33.) Plaintiff alleges that these slates consist “primarily” of “‘the Administration Team candidates’ or incumbents” and that the slates are permitted “to choose their ballot position prior to the independent candidates.” (Id. at4.) According to Plaintiff, all of the slate candidates are “automatically” listed in “Row A”¹ of the ballot and can be selected “with the press of one single button”. (Id. at

5-6, 52, 54-55; see also Dkt 1, at ECF 16 (sample ballot from 2018 election).) However, “[i]ndividual and slate nominations [are] permitted.” (Compl., at33.)Plaintiff argues that slate voting violates Defendant’s constitution and by-laws, which require that “any and all candidates running for office must pick for their position on the ballot”, because the slate candidates are automatically listed in the Row A, i.e., the first column, of the General Election ballot. (Id. at

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