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HODGSON v. LIQUOR SALESMEN'S UNION LOCAL NO. 2

February 16, 1971

James D. HODGSON, Secretary of Labor, United States Department of Labor, Plaintiff,
v.
LIQUOR SALESMEN'S UNION LOCAL NO. 2, of the State of New York, Distillery, Rectifying, Wine and Allied Workers' International Union of America, AFL-CIO, Defendant


Motley, District Judge.


The opinion of the court was delivered by: MOTLEY

MOTLEY, District Judge.

This is an action brought by the Secretary of Labor against a union local to set aside a union election. It has been assigned to a single judge, as such actions are in this Court, for all purposes. S.D.N.Y.R. 2.

 Defendant has filed an affidavit under 28 U.S.C. ยง 144 requesting this judge to disqualify herself for personal and extrajudicial bias and prejudice against defendant and in favor of a dissident group within the union. *fn1" This group of dissidents initially complained to the Secretary of Labor of certain alleged illegal actions in connection with the election. These complaints led to the Secretary's investigations and ultimately to the instant suit by the Secretary.

 The affidavit reads in pertinent part as follows:

 
* * *
 
"The Joint Salesmen's Committee (a dissent group of which complainants in this action are the founders, officers and driving force) held a meeting in a restaurant in Astoria, Queens shortly after Judge Motley filed an opinion granting a permanent injunction against the defendant herein -- Local 2 -- in Sheridan, et al v. Liquor Salesmen's Union Local 2, et al., 303 F. Supp. 999.
 
Godfrey P. Schmidt, Esq., the attorney for the J.S.C. (as the group styles itself) and for the complainants herein* spoke to the assembled audience of liquor salesmen, describing the actions and future plans that he anticipated for the group (J.S.C.).
 
Mr. Schmidt told the assembled members of Local 2 of the various Court actions instituted by the J.S.C. against the Union and its officers and how he would make the Union bend.
 
Mr. Schmidt also described Judge Motley's decision in the Sheridan case, telling his audience of Judge Motley
 
a) She was good for the J.S.C. and had an understanding of their case; and that
 
b) He (Schmidt) was very close to Judge Motley and would try to see that more actions would come before her Court; and that
 
c) He could get favored treatment from Judge Motley against the defendant Union.
 
The basis for my information and my belief as aforesaid is the affidavit of Mr. Howard Levine who attended the J.S.C. meeting involved and heard Mr. Schmidt speak. (A copy of Mr. Levine's affidavit is annexed hereto and made a part hereof as Exhibit "I").
 
Plainly the foregoing clearly evidences that Judge Motley entertains a bent of mind that will prevent or, at a minimum, impede impartiality of judgment in any proceedings ...

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