Full opinion text
MEMORANDUM OPINION LAMBERTH, District Judge. This case comes before the court on the parties’ cross-motions for summary judgment, and plaintiffs’ motion to amend its complaint. Plaintiffs are former officials of the Central Conference of Teamsters (“CCT”). Defendants are the highest ranking officials in the International Brotherhood of Teamsters (“IBT”). At issue is the legality of the removal of plaintiffs from their union offices by defendants. Previously, in an opinion dated June 29, 1993, this court denied plaintiffs’ motion for a preliminary injunction. In the related case, Civil Action Number 93-1970, this court denied plaintiffs’ motion for a preliminary injunction in an opinion dated November 16, 1993. Following discovery, defendants have now moved for summary judgment on all counts of both complaints, and plaintiffs have moved for summary judgment on Count I of their second complaint (Civ. No. 93-1970). In this consolidated opinion, upon consideration of the parties’ submissions and the relevant law, for the reasons set forth below, the court shall grant defendants’ motion for summary judgment on all counts of Civil Action Number 93-1970, and on counts one through five and seven of the amended complaint in Civil Action Number 93-1054. The court shall also dismiss count six of plaintiffs’ amended complaint for failing to state a proper claim. Accordingly, the court shall deny plaintiffs’ motion for summary judgment on count one of their complaint in Civil Action Number 93-1970. Finally, the court shall deny plaintiffs’ motion to amend their complaint in Civil Action Number 93-1970. I. BACKGROUND A. Internal Structure of the Teamsters The International Brotherhood of Teamsters is a labor organization made up of the International Union and its affiliates, that is, the local unions, multi-state conferences, trade divisions, and members. The International Union is the parent organization that functions as an umbrella for coordinated action by the local affiliates. The officers of the International Union are the General President, the Secretary-Treasurer, and seventeen Vice-Presidents who make up the GEB, the decision-making arm of the International. Defendant Carey won the election for General President in 1991 on a “reform” platform. Each of the local unions and state conferences is a separate labor organization with its own constitution, bylaws, officers, and dues structure. These local unions and state conferences band together by region to form five major Area Conferences: Eastern, Central, Western, Southern, and Canadian Conferences. The Central Conference of Teamsters (“CCT”) is the largest and most influential, as it represents more than one-third of the entire membership. The Area Conferences are also separate labor organizations. They are governed by committees whose members are elected at an Area Conference convention by vote of the local unions within the covered geographical area. The Central Conference of Teamsters’ Policy Committee governs the Central Conference. Plaintiff Jack Yager is the former chairperson of the CCT and the former chairperson of the Policy Committee of the CCT. Yager ardently supported Carey’s opponent in the 1991 elections. The International also maintains twelve trade divisions that serve local unions and are organized along industry lines such as the freight, auto transport, and beverage and soft drink industries. The trade divisions are not separate labor organizations, but they are staff bodies organized jointly by the International and the area conferences to advise and assist local unions in multi-area or multi-employer “Master Agreements,” collective bargaining, and contract administration. The Automobile Transport Division, also known as the “Car Haul” division, is the trade division relevant to this case. Plaintiff Brendan Kaiser is the former Chairperson and Director of the CCT Car Haul Division. B. The NMATA and the Joint Committee Many local unions within the Central Conference are signatories to a Car Haul Master Agreement known as the National Master Automobile Transporters Agreement (“NMATA”) and its Central-Southern Area Conference Supplement. Pursuant to the NMATA, the Central and Southern Conferences, along with the relevant employers, formed the Central-Southern Areas Automobile Transporters Joint Arbitration Committee (“Joint Committee”) to adjust grievances for all local members situated within the thirteen states of the Central Conference and the nine states of the Southern Conference. The Joint Committee is a grievance panel that is staffed by an equal number of representatives from the Conferences’ local unions and from the employers who are parties to collective bargaining agreements with those local unions. This panel hears regionally significant grievances in the car haul industry not settled at the local level. The Joint Committee is co-ehaired by a representative from the employers (the “Employer Chair”) and a representative from the union (the “Union Chair”). C. The Dispute In the fall of 1992, plaintiff Jack Yager, then chairperson of the Policy Committee for the CCT named plaintiff Brendan Kaiser as the new chairperson and director of the Central Conference Car Haul Division. The dispute between the plaintiffs and defendant Ron Carey began in November of 1992, when Kaiser, with Yager’s approval, purported to remove Charles Lee from his position as Union Chair of the Joint Committee. Lee had served in this capacity since 1989; however, Kaiser had expressed his dissatisfaction with Lee’s performance as Union Chair. Kaiser then, again with Yager’s approval, appointed himself to the position of Union Chair. Carey informed Kaiser in a letter dated November 25, 1992, that he, Kaiser, lacked the authority to remove or appoint the Union Chair. Both Yager and Kaiser disputed Carey’s interpretation of union rules, and they refused to recognize Lee as the Union Chair. To comply with what plaintiffs believed to be the Joint Committee’s requirement that its union members elect the Union Chair, Kaiser called a meeting of local representatives of the CCT and the SCT for January 25, 1993, in Dania, Florida. The notice sent by Kaiser regarding the meeting made no reference to his plan to hold an election. At the meeting, the representatives elected Kaiser to be the Union Chair over Lee. That same day, Carey again notified Kaiser that Kaiser had no authority to serve as Union Chair, and Carey advised the Employer Chair, James Osmer, that Lee was the duly authorized Union Chair. At the January 26, 1993, meeting of the Joint Committee, Kaiser and Lee both demanded recognition as Union Chair. Osmer refused to recognize either and, except for a small number of cases processed with a temporary Union Chair, refused to hear the scheduled grievances. 1. The Michigan Suit On February 2, 1993, plaintiffs, through the CCT and the SCT, brought suit in United States District Court for the Eastern District of Michigan against the Car Haul Employer Association. The plaintiffs seek a declaratory judgment recognizing Kaiser as the proper Union Chair of the Joint Committee. The employers brought a third-party action against the IBT, Carey, and the other International officers. The IBT asserts that the appointment of the Union Chair is an internal union matter, and that the IBT Constitution authorizes the IBT General President, Ron Carey, to make such appointments. This matter is still pending. 2. The General Executive Board Resolution On March 7, 1993, Carey convened the International’s General Executive Board (“GEB”) to address the issue of who has the authority to appoint the Union Chair of the Joint Committee. The GEB passed a resolution that added the following provision to Article XII of the IBT Constitution in order “to reaffirm the right of the General President” under Article XII to appoint union chairs of joint arbitration committees: In circumstances where the General President deems it necessary, the General President shall have the authority to appoint the Union Chairperson of any joint arbitration and grievance panel provided for by master agreements. The GEB took this action pursuant to Article XII, Section 6, of the IBT Constitution, which provides: The General Executive Board is empowered to amend, delete or add to this Article at any time it believes such action will be in the interests of the International Union or its subordinate bodies. On March 22, 1993, Carey sent Yager a letter demanding that he withdraw his claim of authority over the appointment of the Union Chair, advise the Employer Chair that Lee is the rightful Union Chair, recognize Lee as such, and take no other actions inconsistent with Carey’s authority over the appointment of the Union Chair. Carey made a similar demand on Kaiser that same day. At the end of both letters, Carey threatened disciplinary action if either plaintiff failed to comply. 3. The Internal Charges Despite the warnings, both plaintiffs continued to treat Kaiser as the rightful Union Chair. On April 23, 1993, Carey filed internal union charges against Yager and Kaiser for engaging in conduct that violated the IBT Constitution. Carey lodged seven charges against Yager and one against Kaiser. Carey alleged violations by Yager of the recent amendment to the Constitution of the IBT as well as other, unrelated violations. The first two charges against Yager concerned his conduct prior to the March 7, 1993, amendment. These charges stemmed from Yager’s replacement of Lee with Kaiser as Union Chair. The third charge against Yager, identical to the one against Kaiser, alleged that Yager and Kaiser failed to comply with Carey’s post-March 7 directives. The remaining charges against Yager stemmed from actions unrelated to the controversy over the appointment of Kaiser as Union Chair. These charges included (1) failing to effectively enforce a suecessorship clause in a master agreement; (2) acquiescing in the relocation of an employer’s operation; (3) entering into a collusive agreement with an employer that contained substandard wages and benefits; and (4) increasing the per capita tax paid to the CCT by affiliated local unions without securing prior approval of the General President. 4. The Panel and the Hearing On May 21, 1993, Thomas Sever, the IBT General Secretary-Treasurer and a defendant in this action, appointed a three-person Panel to hear the charges that Carey had filed.' On May 27, 1993, Yager and Kaiser filed their first complaint in this court (Civ. No. 93-1054), seeking, among other relief, a preliminary injunction against the holding of a disciplinary hearing on the charges filed against them. This court denied plaintiffs’ motion in an opinion dated June 29, 1993, Yager v. Carey, No. 93-1054, Mem.Op., 1993 WL 328128 (D.D.C. June 29, 1993) (Lamberth, J.) [hereinafter Yager I ]. On July 26, 1993, the Panel appointed by Sever commenced a three-day hearing on the charges. At this hearing, the Panel permitted plaintiffs to be represented by counsel, and the Panel permitted plaintiffs to call and cross-examine witnesses. After the hearing, the panelists prepared written recommendations to the GEB. The Panel concluded that the GEB had acted properly in amending the IBT Constitution, and that Yager and Kaiser, by not complying -with Carey’s directives given pursuant to the March 7, 1993, amendment, violated the Constitution. The Panel further found that Yager had violated the Constitution by failing to notify the appropriate IBT officers of an employer’s express intent to avoid a suecessorship provision, and by signing a substandard agreement. The Panel recommended dismissal of the first two charges regarding conduct prior to the March 7 amendment. The Panel also recommended dismissal of the remaining charges against Yager finding that there were no Constitutional violations. Finally, the Panel recommended that Yager and Kaiser be stripped of their union membership if they failed to comply with Carey’s directives within five days. The GEB met on September 21, 1993, to review the Panel’s recommendations. After completing its deliberations, the GEB issued a written decision in which it accepted the factual findings of the hearing panel, and it affirmed the Panel’s recommended findings that Yager and Kaiser had violated the IBT Constitution by failing to comply with Carey’s post-March 7 directives. The GEB rejected the Panel’s dismissal of the charges relating to Yager’s conduct prior to March 7. It affirmed the Panel’s other recommended findings. The GEB decided to remove Yager and Kaiser from their union offices and to permanently bar them from holding any union office. Yager and Kaiser then filed their second complaint with this court (Civ. No. 93-1970), requesting a temporary restraining order to prevent their removal from office. This court denied the motion on September 23, 1993. Yager and Kaiser then moved for a preliminary injunction to prevent defendants from acting on their decision to remove plaintiffs from their offices and bar them from holding office in the future. This court denied that motion in a November 16, 1993, opinion, Yager v. Carey, No. 93-1970, Mem. Op., 1993 WL 816364 (D.D.C. Nov. 16, 1993) (Lamberth, J.) [hereinafter Yager II ]. The Independent Review Board (“IRB”), established pursuant to the Consent Order, reviewed and affirmed the decision of the GEB in an opinion dated January 27, 1994. II. LEGAL STANDARD Summary judgment is appropriate where there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). Inferences drawn from the facts must be viewed in the light most favorable to the non-moving party. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 1608, 26 L.Ed.2d 142 (1970). If summary judgment is to be denied, there must be evidence on which the jury could reasonably find for the non-moving party. Anderson v. Liberty Lobby, 477 U.S. 242, 252, 106 S.Ct. 2505, 2512, 91 L.Ed.2d 202 (1986). If the non-moving party “fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial,” summary judgment may be granted. Celotex, 477 U.S. at 322, 106 S.Ct. at 2552. Additionally, the Supreme Court has stated that conclusory and unsupported allegations, hearsay, or opinions cannot be used to create genuine issues of fact. See Celotex, 477 U.S. at 324, 106 S.Ct. at 2553. III. ANALYSIS A. Full and Fair Trial Count One of plaintiffs’ second complaint (No. 93-1970) alleges that defendants violated plaintiffs’ right to a full and fair trial guaranteed under section 101(a)(5)(C) of the Labor Management Reporting and Disclosure Act (“LMRDA”), 29 U.S.C.A § 411(a)(5)(C) (1985). The plaintiffs contend that their disciplinary hearing and the post-trial review by the GEB violated a myriad of IBT constitutional provisions and due process requirements protected by the LMRDA, entitling plaintiffs to full reinstatement of their prior offices as well as damages. Both sides argue that the facts surrounding plaintiffs’ internal trial and review are undisputed. There being no dispute as to material facts, for the reasons discussed below, the court finds that plaintiffs have failed to show that defendants denied their right to a full and fair disciplinary hearing and review. Accordingly, the court shall grant defendants’ motion for summary judgment on plaintiffs’ full and fair hearing claim. 1. The International Constitution Claims Plaintiffs allege that defendants violated the LMRDA’s guarantee of a full and fair trial by failing to comply with provisions the IBT Constitution. In their motion for summary judgment, plaintiffs focus their attack on the constitutional requirement that the charging party (Carey) must “appear in person and/or present evidence before the [internal union] trial ... body,” or the union must dismiss the charges. IBT Constitution, art. XIX, § 2(d). The parties do not dispute that Carey, the charging member, was not present at the disciplinary hearing. In response to plaintiffs’ request for dismissal, both the Panel and the GEB found that Section 2(d) was ambiguous, and they then construed that section to require either that the charging party be present or that the charging party ensure that evidence is presented against the accused. The defendants then found that because Carey appointed a prosecutor who presented the evidence, Section 2(d) had been satisfied. Plaintiffs, on the other hand, argue that Section 2(d) requires the charging party to be physically present and to present evidence. Because Carey did not attend the hearing, plaintiffs contend, the Panel should have dismissed the charges. Finally, plaintiffs argue, as they must under the LMRDA, that the failure to dismiss the charges violated the Constitution, and this violation prejudiced plaintiffs, denying them the opportunity for a full and fair hearing. A court considering a claim for relief under the LMRDA because a party alleges that an internal union disciplinary hearing violated the union’s constitution must conduct a two-step inquiry: (1) the court must find that the hearing violated the constitution; and (2) it must find that the violation deprived plaintiffs of a fair trial within the meaning of the LMRDA. As this court found in its prior opinion, the rights protected by Section 101(a)(5)(C) of the LMRDA are procedural rights associated with hearing. The deprivation of a full and fair hearing means “severely impairing [plaintiffs’] ability to prepare and present a defense or ... seriously increasing the risk that the decision-maker will reach an erroneous determination.” Yager II, at 8 (citing Curtis v. International Alliance of Theatrical Stage Employees, 687 F.2d 1024, 1030 (7th Cir. 1982); Ricks v. Simons, 759 F.Supp. 918, 920-21 (D.D.C.1991)). In its prior opinion, this court interpreted Section 2(d) of the IBT Constitution to require Carey to be physically present at the hearing. See Yager II, at 7. The court has no cause now to reconsider that conclusion because even though defendants may have violated the IBT Constitution, plaintiffs are not entitled to relief under the LMRDA because they cannot show that this violation impaired their right to a full and fair hearing. The full and fair trial provision of the LMRDA protects only the procedural rights of an accused party in an internal union proceeding. As the Seventh Circuit stated, the constitutional violation must severely impact a party’s ability to prepare or present a defense. See Curtis, 687 F.2d at 1030. Plaintiffs assert two separate ways in which their right to a full and fair trial was impinged by Carey’s absence: (1) the prosecution’s failure to call Carey as a witness impaired their ability to prepare and present their defense; and (2) that defendants forced plaintiffs to litigate a case that should have been dismissed. With respect to their first claim, plaintiffs themselves never attempted to call Carey as a witness. Although plaintiffs’ counsel made several requests during the hearing that the prosecutor call Carey to cure potential hearsay or authentication problems with documents, defendants’ counsel never attempted to call Carey to testify. Plaintiffs cannot claim a denial of their right to question Carey about the charges when they did not try to call him to testify. Moreover, plaintiffs have not shown that Carey possessed information or first-hand knowledge essential to their defense. In order to sustain a claim that defendants denied them a full and fair trial, plaintiffs must show that Carey was an essential witness to their defense. Witnesses without knowledge of the relevant facts are not essential. Without a showing that Carey’s absence “severely” impaired plaintiffs’ ability to prepare and present their case, they have no cause of action under the LMRDA. The plaintiffs’ second claim of prejudice is simply that absent the violation of the Constitution, the case could not have gone forward, and plaintiffs would not have been disciplined. To this end, plaintiffs distinguish cases where they believe courts have ignored “minor procedural time and truly ‘technical’ [constitutional violations] with no mandated substantive result____” Pis.’ Mot. for Summ.J. at 34. In contrast, plaintiffs argue, the requirement that the case be dismissed with prejudice cannot be ignored or cast as minor. However, plaintiffs’ argument reveals that they misconstrue the type of rights protected by the full and fair trial guarantees of the LMRDA. When an internal union rule has been violated, section 101(a)(5)(C) gives union members a cause of action only when that violation severely impairs the member’s ability to prepare and present a defense, or by increasing the risk that a decision maker will reach an erroneous determination. See Curtis, 687 F.2d at 1030. This provision is aimed at procedural rights in the hearing, not, as plaintiffs would argue, a “substantive entitlement.” In Ricks, for example, the court found that because the constitutional violation did not deprive plaintiffs of their procedural rights to present evidence, the violations did not support a claim under the LMRDA. 759 F.2d at 923. The constitutional violation in Ricks was a time-bar claim; plaintiffs believed that the charges were time barred. As with this case, if the union had conformed to plaintiffs’ reading of their constitution, the charges would have been dismissed. Id. Thus, the inquiry for a court under this provision is whether the violation impaired rights associated with procedural due process. Section 101(a)(5)(C) ensures that unions will give accused members a fair opportunity to present their case; it does not provide a means for union members to sue for compliance with that member’s interpretation of all internal union rules. Unless the violation impairs a member’s ability to establish the facts and circumstances surrounding the charges, the LMRDA provides no relief. 2. Due Process under the LMRDA The full and fair trial provision of the LMRDA protects not only procedural rights stemming from internal union rules, but also all procedural rights afforded to accused members under “ ‘fundamental and traditional concepts of due process.’ ” Ritz v. O'Donnell, 566 F.2d 731, 735 (D.C.Cir.1977) (quoting Tincher v. Piasecki, 520 F.2d 851, 854 (7th Cir.1975)). Plaintiffs claim that the disciplinary hearing and subsequent review by the GEB denied them several of these fundamental rights. As this court described in its previous opinion, “[a]lthough union members are clearly entitled to the fundamental elements of due process in their disciplinary hearings, the procedures of a union hearing need not be as rigorous as a federal court’s [procedures].” Yager II, at 12. A charged member, for example, has no right to be represented by counsel, nor does the member have a right to the “technical rules of pleading, procedure and evidence.” Frye v. United Steelworkers of Am., 767 F.2d 1216, 1224 (7th Cir.1985), cert. denied, 474 U.S. 1007, 106 S.Ct. 530, 88 L.Ed.2d 461 (1985). Therefore, the fundamental due process rights guaranteed under the LMRDA include: (1) the existence of “some evidence” to support the charges made, International Bhd. of Boilermakers v. Hardeman, 401 U.S. 233, 246, 91 S.Ct. 609, 617, 28 L.Ed.2d 10 (1971); (2) an impartial tribunal, Tincher, 520 F.2d at 854; (3) an opportunity to confront “pertinent witnesses,” Ritz, 566 F.2d at 735-36; and (4) an opportunity to present evidence, Tincher, 520 F.2d at 854. Plaintiffs allege due process violations in all aspects of the disciplinary hearing and review. Accordingly, the court will examine both the hearing and the review by the GEB, ultimately concluding that plaintiffs’ allegations must fail. a. The Disciplinary Hearing Plaintiffs attack three aspects of their disciplinary hearing as violative of their right to a full and fair trial: (1) two of the three Panel members, defendants Molinero and Robinson, were biased and loyal to defendant Carey; (2) the procedures employed during the hearing violated fundamental notions of procedural due process; and (3) the Panel members were unduly influenced by Joseph Pass, counsel for the Panel. After considering plaintiffs’ claims, the court shall reject them and find that plaintiffs have failed to establish that the disciplinary hearing violated their LMRDA due process rights. (1) Bias of Panel Members In order to sustain a claim that the Panel members (or as discussed later, the GEB members) were biased in violation of plaintiffs’ due process rights, plaintiffs must make specific factual allegations of bias that show that the panelists were incapable of hearing plaintiffs’ case impartially. See Frye, 767 F.2d at 1225; Yager II, at 17-18. “Courts ... are justified in ruling a union tribunal biased only upon a demonstration that it has been substantially actuated by improper motives____” Parks v. International Bhd. of Elec. Workers, 314 F.2d 886, 913 (4th Cir.1963), cert. denied, 372 U.S. 976, 83 S.Ct. 1111, 10 L.Ed.2d 142 (1963). Courts have found an impermissible bias in internal union hearings and reviews when a member of the tribunal prejudged the guilt of the accused member. See Goodman v. Laborers’ Int’l Union of N. Am., 742 F.2d 780 (3d Cir.1984); Falcone v. Dantinne, 420 F.2d 1157 (3d Cir.1969). In another case, a member established improper bias when the charging party’s brother and father served on the tribunal. Bollitier v. International Bhd. of Teamsters, 735 F.Supp. 612 (D.N.J. 1989). Another court held that supporters of the winner of a union election could not try the supporters of the loser in that election regarding charges stemming from the very same election. Semancik v. United Mine Workers of Am., 466 F.2d 144, 157 (3d Cir. 1972). Finally, a member can establish unfair bias in violation of the member’s right to a full and fair trial when at least one member of the tribunal is biased. Id. Plaintiffs argue that defendant Joseph Molinero, chairperson of the Panel, is a “well-documented” Carey loyalist. Plaintiffs point out that in 1992 when Molinero’s local union was involved in a strike with a company employing 90% of the local’s members, Carey, in his capacity as General President, approved the release of $3.5 million in strike benefits to the local members. Plaintiffs also state that defendants Sever and Morris of the GEB, supported Molinero at “several” rallies in Molinero’s home state. That strike benefits were approved for Molinero’s local and other defendants attended “several” rallies for Molinero falls far short of “demonstrating a corrupting bias that would arise to fatal procedural flaws.” Yager II, at 17. Plaintiffs have not alleged that Molinero’s local’s receipt of strike benefits was unwarranted or in any way uncommon. The mere fact that Carey, as General President, approved the benefits cannot support an inference that Molinero held a bias against plaintiffs. Likewise, plaintiffs’ allegations of bias against panelist Carolyn Robinson fail. This bias allegedly arises from the fact that Carey appointed Robinson to the Teamsters United Parcel Service National Negotiating Committee and the Teamsters Human Rights Commission. As with Molinero, plaintiffs have failed to show that the appointments supply a sufficient basis to infer that Robinson held a bias in favor of Carey to such an extent that her decisions on the merits of the charges against plaintiffs was driven by improper motives. Robinson stated during deposition testimony that prior to the hearing, she had no knowledge of the dispute between Carey and the plaintiffs, had never met vice-president Sever, knew only that Yager was head of the Central Conference, and had never heard of Kaiser. On these facts the court cannot say that plaintiffs have demonstrated a bias that denied them procedural due process under the LMRDA. (2) Procedures During the Hearing Plaintiffs next allege five separate violations of their rights during the conduct of the disciplinary hearing. The court finds no merit to any of the five claims. (a)No Rules of Procedure Plaintiffs believe that defendants deprived them of their rights to a full and fair hearing by failing to establish rules of procedure in advance of the hearing. Apparently conceding that no written rules governed the hearing, defendants argue that the Panel announced on the day of the hearing that it would follow the rules of procedure for labor arbitration hearings, and it stated that the Panel would “listen to the testimony from both sides.” The court now finds that defendants’ failure to establish rules of procedure in advance of the hearing did not violate plaintiffs’ due process rights. A union hearing does not require the “full panoply of rights” received by litigants in federal court. Yager II, at 13 (citing Frye, 767 F.2d at 1224). Moreover, the inquiry by this court is whether the failure to establish rules of procedure in advance denied plaintiffs the opportunity to present all of their witnesses or to effectively cross-examine defendants’ witnesses. Plaintiffs do not claim, and this court finds that they could not claim, that a lack of rules of procedure inhibited their ability to present their case. Accordingly, plaintiffs cannot claim that their right to a full and fair trial has been violated, (b)Double Jeopardy under the IBT Constitution By permitting Carey to file charges against plaintiff Kaiser when charges against him were already outstanding, plaintiffs allege that the Panel violated the double jeopardy bar of Article XIX, Section 7(a) of the IBT Constitution. Prior to Carey’s charge against Kaiser, Charles Lee and Robert Cummins brought charges against Kaiser for removing Lee as Union Chair and appointing himself to that position. The charges stemmed from Kaiser’s conduct before the GEB’s March 7, 1993, constitutional amendment. Lee and Cummins dropped the charges after the hearing had started, but before that panel had made a decision. In response to Kaiser’s double jeopardy claim, the Panel convened to hear Carey’s charges decided that because the earlier charges challenged Kaiser’s conduct before the constitutional amendment they were not substantially the same as Carey’s charges because they arose under different circumstances. The Panel concluded that there was no double jeopardy violation because of the different circumstances and because the charges were dropped before the completion of the trial. “The union’s determinations about the scope of the double jeopardy bar— whether the factual cores of the two charges are sufficiently different, and whether dropping charges in a prior trial avoids double jeopardy—deserve great deference by this federal court.” Yager II, at 10 (citing Monzillo v. Biller, 735 F.2d 1456, 1458 (D.C.Cir.1984)). Because plaintiffs do not dispute the facts as recited above, this court will defer to the union’s legal construction of its constitutional double jeopardy clause because the court finds that the interpretation is not “unreasonable or made in bad faith.” Id. (quoting Monzillo, 735 F.2d at 1458). (c)Hearsay and the Authentication of Documents Plaintiffs complain that they were not permitted to examine the authors of some of the documents that prosecutor Gil-martin submitted as testimony in the hearing. In other words, plaintiffs claim that the Panel’s acceptance of defendants’ unauthenticated and thus hearsay documents unfairly prejudiced their right to a fair hearing. Unlike a federal court, defendants can submit reliable hearsay in an internal union hearing. United States v. International Bhd. of Teamsters, 998 F.2d 120, 124 (2d Cir.1983). During the hearing, the Panel invited the plaintiffs to challenge the letters as forgeries when Gilmartin introduced them. Hr’g Tr. at 139. The Panel also promised plaintiffs the opportunity to challenge the letters during cross-examination. Trial Transcript, at 126. Moreover, plaintiffs have not alleged any specific impermissible inferences that the Panel may have drawn from the unauthenticated documents, nor have plaintiffs ever alleged that the documents were forgeries. Under the LMRDA, plaintiffs must point out specific prejudice that resulted from the admission of the documents, that is, prejudice that impaired their ability to present their case. Because the court can find no such prejudice, the court now finds that this procedural irregularity did not deny them a full and fair trial. Yager II, at 14. (d) No Opportunity to Cross-Examine Defendant Carey Plaintiffs advance another reason why Carey’s absence from the hearing violated then-right to a full and fair trial: plaintiffs had no opportunity to cross-examine their accuser, Carey, in violation of their fundamental right to confront and cross-examine witnesses. See Ritz, 566 F.2d at 735. Plaintiffs further allege that the Panel denied plaintiffs this opportunity despite “numerous requests [by plaintiffs’ counsel] that defendant Carey attend and participate in the trial.” Pls.Mot. for Summ.J. at 43-44. In this circuit, while plaintiffs have a right implicit in the full and fair hearing provision of the LMRDA to examine or cross-examine pertinent witnesses, the plaintiffs do not necessarily have a right to question the person who filed the charges. See Ritz, 566 F.2d at 736. “If the charging party, or his counsel, presents witnesses or other evidence at the proceeding, and the respondent is offered both full opportunity to test the validity of that evidence and the opportunity to call the charging persons as witnesses (even as hostile witnesses) in the event he thinks there [sic] testimony will help his case, a full and fair hearing is assured.” Id. As discussed above, Carey did not directly participate in the events giving rise to the charges, and the issues of the hearing did not depend upon testimony he might have provided. Therefore, the court finds that Carey is not a “pertinent witness.” The court has also found that plaintiffs never attempted to call Carey as a witness during the hearing. Furthermore, plaintiffs have made no allegations that the Panel actively discouraged or prevented plaintiffs from calling Carey. Plaintiffs’ failure to attempt to call Carey as a witness results in the effective waiver of their right to do so. See Yager II, at 15-16 (citing Ritz, 566 F.2d at 735). (e) The Prosecutor’s Conduct Finally, plaintiffs allege that the union’s prosecutor at the hearing, Tom Gilmartin’s suggestion of answers to witnesses and his attempts to enter his own testimony into the record denied plaintiffs a full and fair hearing. This claim is utterly without merit. “The panel recognized that Gilmartin — who is a truck driver, not a lawyer — was presenting his own impressions as evidence, and they ignored his impermissible testimony accordingly.” Yager II, at 16. Furthermore, Panelist Deaner answered plaintiffs’ counsel’s objection to Gilmartin’s “testimony” by saying, “this Panel, quite frankly, is very keenly aware [that] what he says is not evidence. I mean, give them [that is, his fellow panelists] some credit. They’re not stupid.” Hr’g Tr. at 437. In light of the forgoing discussion, the court finds that none of plaintiffs’ allegations of procedural errors denied plaintiffs then-right to a full and fair trial. (3) The Influence of Joseph Pass The final claim by the plaintiffs that defendants impaired their right to a full and fair trial during the disciplinary hearing is that Joseph Pass, counsel to the Panel, unduly influenced the Panel by regularly interrupting the testimony, asking witnesses substantive questions, and participating in the substantive deliberations. Pass had a prior relationship with Carey through defendant Sever, and he was a friend and lawyer of Panelist Molinero. Defendants contend that Pass’ participation was neither improper nor disruptive of plaintiffs’ rights. The court agrees. Plaintiffs believe that Pass exercised undue influence because of his participation in the hearing. First, plaintiffs allege that the Panel did not request, nor did they know before the hearing began, that Pass represented the Panel in the hearings. In addition to interrupting and questioning the witnesses, plaintiffs allege that Pass influenced the Panel’s substantive deliberations. Panelist Deaner claims that once the Panel had decided to dismiss the first two charges against Yager, Pass asked them to reconsider that decision. Finally, Pass wrote the opinion of the Panel, and he later presented it to the GEB without the panelists’ knowledge. Although Pass’ behavior may arouse suspicion, the court concludes that the Panel reached its decision independently of Pass. See Yager II, at 23. First, although Pass urged the Panel to reconsider its dismissal of the first two charges against Yager, they declined to do so. Pass may have attempted to exert influence, but he did not succeed in this instance. In general, plaintiffs cannot point to any statements made during the hearing or the deliberations that demonstrate the effect of his bias on the Panel. Furthermore, although Pass drafted the Panel’s opinion, each member read the draft and had him make appropriate changes. As for Pass’ presentation of the Panel’s opinion to the GEB, because the court concludes below that Pass’ actions before the GEB had no material prejudicial effect on the GEB’s decision, his presentation of the opinion to the Panel was not improper. Thus, the court finds that Pass did not have an improper influence on the Panel in contravention of plaintiffs’ right to a full and fair trial. b. The Review by the GEB Plaintiffs contend that several aspects of the review conducted by the GEB denied plaintiffs their right to a full and fair trial under the LMRDA. The court now examines each of plaintiffs’ allegations and concludes that none have merit. (1) Influence of Union Counsel Susan Davis Susan Davis, counsel to defendant Carey and counsel to the GEB during its deliberation of the plaintiffs’ case, is alleged to have unduly influenced the GEB, denying plaintiffs their right to a full and fair trial. Plaintiffs’ argument centers around Davis’ participation in the GEB’s deliberations as well as her relationship to Carey. After examining Davis’ conduct as well as her alleged ties to Carey, the court concludes that plaintiffs have not proven a violation of Section 101(a)(5)(C). Plaintiffs first allege that Davis unduly influenced the GEB through her specific interactions with the GEB. Plaintiffs claim Davis unduly influenced defendant Sever when she met with him and told him how to conduct the GEB’s deliberation of plaintiffs’ case. Plaintiffs further allege that Davis provided Sever with a “script” for the proceedings in the GEB. Finally, plaintiffs contend that Davis intentionally misled the GEB during their deliberations as to the meaning of the Article XIX, Section 2(d), the constitutional provision requiring the charging party to be present “and/or” present evidence. Davis’ actions prior to or during the GEB’s review of plaintiffs’ case did not improperly prejudice plaintiffs’ case. With respect to plaintiffs’ claim that Davis improperly scripted the GEB proceedings, defendants argue that the advice given by Davis to Sever was procedural only. The defendants provided a copy of the “script” to the court, explaining that it merely discussed the flow that the GEB’s deliberations should follow. The court agrees. “Davis simply performed her ordinary duties as Associate General Counsel for the International in assisting the GEB in its deliberations, as she regularly does.” Yager II, at 21-22. Advising the GEB as to the format for reviewing this case does not constitute an intervention into the substantive issues involved in the review. On the issue of Davis’ advice to the GEB regarding prior GEB cases dealing with Article XIX, Section 2(d), plaintiffs accuse Davis of intentionally misleading the GEB about these cases. “Viewed most charitably to Ms. Davis, her response conveyed the wrong answer, flew in the face of the unambiguous language of Article XIX, Section 2(d), and misrepresented numerous existing Board decisions.” Pls.Mot. for Summ.J. at 39. Despite plaintiffs’ colorful accusations of Davis’ unprofessional conduct, the court again concludes that “she answered the legal question to the best of her knowledge that GEB members put to her about the construction of Art. XIX, § 2(d), ...” Plaintiffs have not offered evidence that Davis intentionally ignored pri- or opinions, nor have plaintiffs shown that Davis’ statements significantly influenced the GEB’s construction of the provision. Indeed the court previously noted that “[t]he GEB did not accept her word uncritically: Vice President Thibault voted to reject her recommended construction of Art. XIX, § 2(d)----[S]he did not unduly sway the GEB’s decisions.” Yager II, at 22. The court’s inquiry-turns on whether Davis’ actions prejudiced plaintiffs to such an extent that she “seriously increased the risk” that the GEB would make an improper decision. See Curtis, 687 F.2d at 1030. That the court disagrees with Davis’ interpretation of prior GEB cases does not give rise to the inference that she intentionally misled the GEB, nor does it negate the court’s conclusion that she did not unduly influence the GEB’s deliberations. The LMRDA does not permit the court to second guess or correct the errors of union officials. Finally, plaintiffs claim that Davis’ preexisting relationship with defendant Carey and her work on the Yager and Kaiser matter before the GEB reviewed the case constituted an impermissible bias against the plaintiffs as well as a conflict of interest for Davis. In support of their claim, plaintiffs cite to two criminal cases where courts found impermissible conflicts of interest. First, plaintiffs cannot sustain a claim of impermissible bias and taint simply by reciting Davis’ relationship with defendant Carey. The transcript of the GEB’s deliberations reveals that Davis “played no ‘active part’ in their deliberations.” Yager II, at 21. As noted above, she assisted in the deliberations by providing advice when the members of the GEB requested such advice. Unlike the prosecutor in Stein v. Mutuel Clerks’ Guild of Mass., Inc., Davis did not take “an active part in the private deliberations____” 560 F.2d 486, 491 (1st Cir.1977). Also, the court finds plaintiffs’ conflict of interest argument unpersuasive. To begin, plaintiffs describe this court’s opinion in United States v. Harris, 846 F.Supp. 121 (D.D.C.1994), but they in no way link that decision with the facts of this case. This is understandable in light of plaintiffs’ reliance on Harris and United States v. Gambino, 864 F.2d 1064 (3d Cir. 1988), cert. denied, 492 U.S. 906, 109 S.Ct. 3215, 106 L.Ed.2d 566 (1989), criminal cases involving the sixth amendment guarantee of reasonably effective assistance of counsel. The standards governing judicial proceeding such as the right to counsel do not apply to union proceedings. See Ritz, 566 F.2d at 735. Moreover, the inquiry under the LMRDA is not whether a conflict of interest may have existed, but whether Davis’ bias impinged upon the plaintiffs’ right to a fair trial. The court has already found that Davis’ actions did not unduly influence the GEB. As a result, plaintiffs’ conflict of interest argument fails. Accordingly, the presence and actions of Susan Davis did not deny plaintiffs their right to a full and fair trial. (2) Influence of Joseph Pass on the GEB The court concluded above that Pass did not improperly influence the disciplinary hearing Panel. Plaintiffs further allege, however, that Pass presented the Panel’s decision to the GEB and “participated” in its deliberations without the knowledge of at least two Panel members. These actions, claim plaintiffs, violated their right to a full and fair trial. However, aside from the facts just stated, plaintiffs have not put forth any further evidence that Pass’ behavior infected the GEB’s deliberations with bias. Indeed a “review of the transcripts of the GEB deliberations shows that Pass played only a minor role in the GEB’s decision-making.” Yager II, at 23. The court now concludes that Pass did not exert an improper influence on the GEB. (3) Political and Personal Opposition of GEB Finally, plaintiffs claim that the GEB’s political and personal opposition to plaintiffs coupled with the fact that the GEB was the ultimate adjudicator of plaintiffs’ guilt provides conclusive evidence that defendants denied plaintiffs’ right to a full and fair trial under the LMRDA. In the context of the GEB’s review, as with the other elements of plaintiffs’ disciplinary hearing, plaintiffs must show specific instances of bias in order to establish that defendants denied their right to a full and fair trial. See Frye, 767 F.2d at 1225. Plaintiffs allege that the GEB was biased in favor of defendant Carey in several ways. After reviewing the facts and allegations of plaintiffs, the court now finds that the GEB was not biased in violation of plaintiffs’ right to a full and fair trial. First, plaintiffs allege that defendant Perrucci, a member of the GEB, had a close relationship with defendant Carey that biased Perrucci in Carey’s favor. For their specific allegations of facts, plaintiffs claim that Perrucci has known Carey for fifteen years, was a co-fiduciary of a Pension fund with him for eight years, campaigned on the Carey slate, and Perrucci received two committee appointments from Carey. These factual allegations are insufficient, as a matter of law, to establish Perrucci’s bias. Allegations of Perrucci’s friendship and business association with Carey do not demonstrate a bias against Yager and Kaiser. Indeed, plaintiffs make no allegations that Perrucci had contact with or animosity toward plaintiffs. Cases finding bias rely on more tangible instances of bias, typically found between the charged member and the tribunal member. In the Goodman ease, for example, the court found that the accused member successfully stated a claim of bias when he had previously removed six of the seven tribunal members that convicted him from their position as shop steward. 742 F.2d at 784. In a similar manner, the court in Tincher found that the accused member had previously brought disciplinary charges against a member of the tribunal. 520 F.2d at 855. As a result, the court found impermissible bias. Id. As these cases indicate, accusations of bias arising out of conflict between a tribunal member and the accused carry far more danger of unfair bias than merely allegations of a general relationship between a tribunal member and the charging party. Plaintiffs’ assertion of a general relationship between Carey and Perrucci fails to establish an improper bias. Next, plaintiffs allege that defendant Morris, also a member of the GEB that reviewed plaintiffs’ case, was improperly biased. Plaintiffs first claim that Morris prejudged plaintiffs’ guilt. They point to deposition testimony of Morris and statements allegedly made by Morris to conclude that he prejudged the guilt of Yager. Direct language from Morris is conspicuously absent from plaintiffs’ summary judgment papers; although plaintiffs cite to a couple of pages of his deposition, plaintiffs do not quote, and the court cannot find, words that clearly indicate that Morris prejudged the guilt of Yager. Later, in the same deposition, Morris states that aside from rumors, he did not know that Yager had refused to appoint Lee as the Union Chair until the disciplinary Panel had heard the case. Even then, an understanding by Morris that the Panel found that Yager did not appoint Lee when asked to do so by Carey does not indicate that Morris prejudged the guilt of Yager under the Constitution. The court’s conclusion that the evidence is insufficient to establish that Morris prejudged the guilt of Yager is reinforced by other cases in which a court found such prejudgment. For example, the court in Perry v. International Longshoremen’s Ass’n found that three members of the tribunal had actually written statements of their belief in the charged parties’ guilt. 638 F.Supp. 1441, 1449 (S.D.N.Y.1986). Also, in Falcone, a member of the tribunal testified later that he had directly asked the charged member to admit his “obvious” guilt to save him from an “unnecessary” trial. 420 F.2d at 1161. Unlike these cases, plaintiffs cannot point to clear indications of prejudgment by Morris. In a final effort to establish bias on the part of defendant Morris, plaintiffs quote the following statement made by Morris during the GEB’s deliberations: ... I’m voting to take these people out, but if they don’t have to pay for this remedy, they’re going to be around again. They’re going to build up an organization against you again ... This court considered this statement in its previous opinion finding that Morris’ comment was made after the GEB was already finished deliberating. His comment may reflects [sic] one GEB member’s strong desire to punish plaintiffs severely, but Sister Kilmury argued just as strongly for lighter penalties. Contrary to plaintiffs’ allegations, Morris’ comment does not evidence any “blind rush” by the GEB to depart from the panel’s findings and hit plaintiffs with harder penalties. Rather, it is evidence of appropriate deliberations by the GEB on the wisdom of punishing plaintiffs for insubordination. Yager II, at 20. The court now reaches the same conclusion. Finally, plaintiffs argue that the GEB’s decision to review the Panel’s decision de novo and ultimately to disregard the Panel’s decision to dismiss four charges against Yager evidences a bias against plaintiffs. However, as the court previously concluded, the facts surrounding the GEB’s review does not indicate that the review was permeated by political bias. Yager II, at 19. The strongest political opponents of Yager and Kaiser did not take part in the GEB’s deliberations and decision. The four members who had an interest in or knowledge of the case recused themselves. Also, as the court has indicated above, Diana Kilury presented a “strong dissenting voice,” urging all GEB members to speak up on the issue of the heavier penalty. Finally, because the court finds that the other allegations of bias against Perrucci and Morris are unfounded, the de novo review itself does not provide a specific factual allegation of bias denying plaintiffs a full and fair trial. Overall, plaintiffs seek to have the court set aside the GEB’s and the Panel’s decisions without providing a proper foundation to do so. The LMRDA does not give this court the opportunity to second guess the union and substitute the court’s own judgment in its place. Each part of the disciplinary process, while perhaps not a model for future cases, did ensure that plaintiffs’ basic rights were protected. Under the LMRDA, plaintiffs are entitled to no more than this. B. Free Speech and Retaliation Plaintiffs contend in the first three counts of their amended complaint (No. 93-1054) and in the second count of their second complaint (No. 93-1970) that defendants infringed plaintiffs’ right to free speech and improperly retaliated against them in violation of sections 101(a)(2) and 609 of the LMRDA. 29 U.S.C.A. § 411(a)(2), 529 (1985). Defendants have moved for summary judgment on all four counts, claiming that the charges brought against plaintiffs and the subsequent discipline imposed were aimed solely at their conduct, not their speech. The court agrees. Sections 101(a)(2) of the LMRDA protects the free speech and assembly rights of union members. The statute provides: Every member of any labor organization shall have the right to meet and assemble freely with other members; and to express any views, arguments, or opinions; and to express at meetings of the labor organization his views, upon candidates in an election of the labor organization or upon any business properly before the meeting, subject to the organization’s established and reasonable rules pertaining to the conduct of meetings____ 29 U.S.C.A. § 411(a)(2). Additionally, the LMRDA prohibits a labor organization from disciplining its members for exercising that free speech right. It shall be unlawful for any labor organization, or any officer, agent, shop steward, or other representative of a labor organization, or any employee thereof to fine, suspend, expel, or otherwise discipline any of its members for exercising any right to which he is entitled under the provisions of this chapter. 29 U.S.C.A. § 529. 1. Free Speech On the issue of free speech, courts distinguish between the rights of a union member and the rights of appointed or elected union officials under the LMRDA. See Finnegan v. Leu, 456 U.S. 431, 102 S.Ct. 1867, 72 L.Ed.2d 239 (1982) (finding that Congress sought to protect the rank-and-file members, not union officers, with the LMRDA). Although a union member does not surrender his right to free speech by accepting appointment or election to union office, a union official has certain duties toward the organization and its leadership. These duties are even more pronounced when, as here, that leadership was elected by the rank-and-file according to democratic procedures. See Newman v. Local 1101, Communications Wkrs., 570 F.2d 439, 445 (2d Cir.1978). As that court stated, Although a person is free as a union member to criticize mercilessly his union’s management and its policies, once he accepts a union position obligating him fairly to explain or carry out the union’s policies or programs, he may not engage in conduct inconsistent with these duties without risking removal as an official or employee (but not as a union member) on the ground that his conduct precludes his effective representation of the union. Id. at 445. Thus, while the union leadership may not use internal disciplinary proceedings as a means to suppress the speech of union members, union officials may not avoid discipline when they have engaged in conduct that violates union rules or policy by seeking refuge in the LMRDA. In this case, plaintiffs did not merely express disagreement with the policies pursued by defendants, they openly defied those policies. The uncontroverted evidence presented in the pleadings and motions demonstrates that Yager and Kaiser refused to implement the direct orders from the General President. Carey brought internal union charges alleging that such refusal constituted conduct, not speech, in violation of the union constitution. Unless the disciplinary action against plaintiffs had the purpose or effect of suppressing or chilling their free speech rights, or the free speech rights of other union members, then the LMRDA does not make such discipline illegal. Newman, 570 F.2d at 445; cf. Wisconsin v. Mitchell, 508 U.S. 476, -, 113 S.Ct. 2194, 2199, 124 L.Ed.2d 436 (1993) (citing United States v. O’Brien, 391 U.S. 367, 376, 88 S.Ct. 1673, 1678, 20 L.Ed.2d 672 (1968); R.A.V. v. St. Paul, 505 U.S. 377, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992)). Plaintiffs dispute the characterization of their actions as conduct and not speech, and they attempt to analogize their situation to that of the plaintiff in Dessler v. Teamsters, Chauffeurs, Warehousemen & Helpers of Am., Local Union No. 251, 686 F.Supp. 977 (D.R.I.1988). Plaintiffs’ reliance on Dessler is misplaced. In that case, the union leadership censured a member for writing a letter to the editor of a local newspaper in which he opposed a position taken by his local’s leadership. 686 F.Supp. at 978. In response to defendants’ motion to dismiss, the court decided that the plaintiff had stated a cause of action under section 101(a)(2) as the official censure could be shown to have been a part of a deliberate attempt to suppress dissent. Id. at 980-81 (citing Adams-Lundy v. Association of Professional Flight Attendants, 731 F.2d 1154, 1159 (5th Cir.1984), rehr’g denied, 736 F.2d 1526 (1984)). Plaintiffs differ from Dessler in two critical respects. First, Yager and Kaiser did not oppose union policy merely by sending a letter to a newspaper; they flatly refused to follow the orders of the General President and the GEB. Second, Dessler, unlike Yager and Kaiser, was not a union official charged with furthering union policy. As the court in Newman indicated, a union official risks removal from office when that official defies the duties imposed by virtue of his position. 570 F.2d at 445 (“[A union officer] may not, while acting as the union’s agent, sabotage or subvert its policies in the name of free speech.”). Plaintiffs attempt to save their free speech claims by maintaining that the internal charges brought against them were part of a plan by defendants to suppress speech throughout the Teamsters. See, e.g., Adams-Lundy, 731 F.2d at 1159. To avoid summary judgment, plaintiffs point to statements and actions of Carey and the GEB that plaintiffs believe establish a disputed issue of fact as to whether defendants have engaged in such a plan. In order to sustain their claim that the charges leveled against plaintiffs were part of an overall plan to suppress dissent in the Teamsters, plaintiff must provide clear and convincing evidence that the union action was “part of a purposeful and deliberate attempt by union officials to suppress dissent within the union.” Newman, 570 F.2d at 445-16 (quoting Schonfeld v. Penza, 477 F.2d 899, 904 (2d Cir.1973)); Dessler, 686 F.Supp. at 980-81. The evidence relied on by plaintiffs fails to meet this standard. None of the evidence, taken in the light most favorable to plaintiffs, implies the existence of a plan to suppress dissent within the membership of the Teamsters. The statements, as discussed below, indicate that the GEB recognized that it may face difficulties in obtaining the cooperation of all Teamster officials in pursuing its policies. Plaintiffs assume that the GEB’s plans to get such cooperation represent an overall plan to crush legitimate dissent. However, as long as the GEB was entitled to such cooperation in the form of its officials following legitimately issued orders, the voicing of the intention to obtain that cooperation cannot constitute a violation of the LMRDA. Plaintiffs point to three categories of “significant probative evidence” supporting their complaint. The first of these consists of six excerpts, spanning nearly a year, of statements from the minutes of meetings of the GEB. Most refer to the GEB’s attempts to obtain the cooperation of local and area officials with respect to the reform of various grievance panels or the presence of representatives of the International at local and area meetings. Several of the statements indicate that the GEB found Yager to be a thorn in its side. The court finds that the statements do not, however, suggest the further step that Carey or the GEB had a plan to obtain the desired cooperation by suppressing speech. Ultimately, six general statements pulled out of volumes of GEB transcripts cannot prove a deliberate attempt by defendants to suppress dissenting speech within the Teamsters. The plaintiffs label their second category of evidence “Suppression of Dissent in the Eastern Conference.” Assuming that the actual suppression of speech within another area conference could raise a jury issue as to whether the internal charges and discipline against Yager and Kaiser were part of a plan to suppress dissent, the incidents upon which plaintiffs rely do not represent such suppression. Plaintiffs present two instances of alleged suppression of dissent within the Eastern Conference. The first arose from a dispute between Carey and the Chair of the Atlantic Area United Parcel Service Sup