Posted:
April 20, 2010
A federal appeals court has upheld a district court's finding that no current officials of American Maritime Officers knew of or participated in criminal or other improper conduct by four former AMO officials and one former AMO employee convicted of felonies in 2006 and 2007.
The unanimous decision by three judges in the United States Court of Appeals for the 11th Circuit on April 15 affirmed the October 2008 ruling by U.S. District Court Judge Jose Martinez that the current AMO officials and one now-retired AMO official acted at all times in the best interest of the union membership, consistent with their legal fiduciary duties.
Judge Martinez said there were no illegal or inappropriate acts by AMO National President Thomas Bethel, AMO National Executive Vice President Robert Kiefer, AMO National Vice Presidents Joseph Gremelsbacker and Donald Cree, AMO National Executive Board Member Donald Nilsson and then-AMO National Executive Vice President Daniel Smith.
Judge Martinez had dismissed many of the specific allegations in the civil case before a one-week trial on the remaining charges in July 2008.
"The district court's factual determinations and evidentiary rulings did not result in reversible error," the appeals court judges said, adding that they agreed with the district court that there was a "lack of credible evidence of wrongdoing" on the part of any current AMO officials.
AMO members John N. "Jack" Hearn, Timothy Harkins, Christopher Bartlett, John Rousselle and Henry P. "Hank" Mallon filed the lawsuit in U.S. District Court for the Southern District of Florida in February 2007.
In their complaint, Hearn and his co-plaintiffs named two of the four convicted former AMO officials as defendants. Three additional individuals with no connection to the criminal case were also named as defendants but were later dismissed voluntarily from the case by the plaintiffs.
American Maritime Officers - the union itself - was named originally as a defendant but also was removed from the case by the plaintiffs before the trial. Meanwhile, the union incurred more than $700,000 in legal expenses.
Hearn, Harkins, Bartlett, Rousselle and Mallon were unsuccessful candidates in the AMO election of national officers and national executive board members in 2006.
In a limited re-run election supervised by the U.S. Department of Labor in 2008, Hearn was defeated by Bethel for the office of national president. Bartlett defeated Smith for the office of national executive vice president and was assigned to Smith's base in Toledo, but Bartlett resigned a year later to return to sea. Smith retired upon his defeat by Bartlett.
The limited re-run election was agreed to voluntarily by AMO after the Labor Department found that incompetence in an independent mailing service during the 2006 balloting may have influenced the outcome of close races.
Appeals court upholds district court ruling striking down Hearn-AMC lawsuit
A federal appeals court has upheld a district court's finding that no current officials of American Maritime Officers knew of or participated in criminal or other improper conduct by four former AMO officials and one former AMO employee convicted of felonies in 2006 and 2007.
The unanimous decision by three judges in the United States Court of Appeals for the 11th Circuit on April 15 affirmed the October 2008 ruling by U.S. District Court Judge Jose Martinez that the current AMO officials and one now-retired AMO official acted at all times in the best interest of the union membership, consistent with their legal fiduciary duties.
Judge Martinez said there were no illegal or inappropriate acts by AMO National President Thomas Bethel, AMO National Executive Vice President Robert Kiefer, AMO National Vice Presidents Joseph Gremelsbacker and Donald Cree, AMO National Executive Board Member Donald Nilsson and then-AMO National Executive Vice President Daniel Smith.
Judge Martinez had dismissed many of the specific allegations in the civil case before a one-week trial on the remaining charges in July 2008.
"The district court's factual determinations and evidentiary rulings did not result in reversible error," the appeals court judges said, adding that they agreed with the district court that there was a "lack of credible evidence of wrongdoing" on the part of any current AMO officials.
AMO members John N. "Jack" Hearn, Timothy Harkins, Christopher Bartlett, John Rousselle and Henry P. "Hank" Mallon filed the lawsuit in U.S. District Court for the Southern District of Florida in February 2007.
In their complaint, Hearn and his co-plaintiffs named two of the four convicted former AMO officials as defendants. Three additional individuals with no connection to the criminal case were also named as defendants but were later dismissed voluntarily from the case by the plaintiffs.
American Maritime Officers - the union itself - was named originally as a defendant but also was removed from the case by the plaintiffs before the trial. Meanwhile, the union incurred more than $700,000 in legal expenses.
Hearn, Harkins, Bartlett, Rousselle and Mallon were unsuccessful candidates in the AMO election of national officers and national executive board members in 2006.
In a limited re-run election supervised by the U.S. Department of Labor in 2008, Hearn was defeated by Bethel for the office of national president. Bartlett defeated Smith for the office of national executive vice president and was assigned to Smith's base in Toledo, but Bartlett resigned a year later to return to sea. Smith retired upon his defeat by Bartlett.
The limited re-run election was agreed to voluntarily by AMO after the Labor Department found that incompetence in an independent mailing service during the 2006 balloting may have influenced the outcome of close races.