SHAWN PETTY, Plaintiff,
v.
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, Defendant.
Civil Action No. 21-3161 (CKK)
United States District Court, District of Columbia
December 10, 2021
MEMORANDUM OPINION
COLLEEN KOLLAR-KOTELLY UNITED STATES DISTRICT JUDGE
Following allegations of misconduct, Plaintiff Shawn Petty resigned from his position as a National Vice President of Defendant American Federation of Government Employees (“Defendant” or “AFGE”). AFGE's National President accepted Plaintiff s resignation and AFGE took steps to fill the vacancy by scheduling a special election on December 11, 2021. Plaintiff later attempted to rescind his resignation, claiming that AFGE's National Executive Council (and not the National President alone) must “approve” his resignation in order for it to take effect. Plaintiff, therefore, claims that he continues to hold the National Vice President position.
On December 8, 2021, Plaintiff filed a [9] Motion for a Temporary Restraining (“TRO Motion”), seeking (among other relief) to enjoin the special election scheduled for December 11, 2021. Upon review of the pleadings, [1] the relevant legal authority, and the record as it stands at
this early juncture, the Court concludes that Plaintiff has failed to carry his burden to demonstrate that he is entitled to the drastic relief of a temporary restraining order. Accordingly, the Court DENIES Plaintiffs Motion for a Temporary Restraining Order to the extent it seeks to enjoin the December 11, 2021 special election. The Court HOLDS IN ABEYANCE the remainder of Plaintiffs TRO Motion, which shall be briefed according to the schedule set forth in the Court's [20] Order.
I. BACKGROUND
Defendant American Federation of Government Employees (“AFGE”) is a national labor union, which maintains its principal office in Washington, D.C. and is comprised of 1, 067 local affiliates. Compl. ¶¶ 10, 11, ECF No. 1. AFGE is governed by a National Executive Council (the “Council”), comprised of the National President, the National-Secretary Treasurer, the National Vice President for Women and Fair Practice, and twelve National Vice Presidents. Plaintiff Shawn Petty is a member of AFGE's Local 916, which represents employees of the U.S. Department of Defense at Tinker Air Force Base in Oklahoma City, Oklahoma. Id. ¶ 7. Plaintiff was elected to serve as “National Vice President for District 9” on October 3, 2020. Id. ¶¶ 1, 5, 8.
In this action, Plaintiff alleges that he was forced to resign from his position as a National Vice President following allegations that he had sexually harassed or assaulted an AFGE member at a union-hosted event in October 2021. See Id. ¶¶ 114-36. Plaintiff now claims that his resignation was not “effective” because it was not “approved” by the Council before he
communicated to AFGE's National President that he wanted to rescind his resignation. Id. ¶¶ 137-53, 159-60. Based on that claim, Plaintiff filed a Motion for Temporary Restraining Order (“TRO Motion”) on December 8, 2021, seeking, among other relief, [2] to enjoin the December 11, 2021 special election to fill the position from which he resigned. See Pl.'s TRO Mem. at 1.
To provide context for Plaintiff's last-minute request[3] to enjoin the December 11, 2021 special election, the Court shall present the facts-as they are alleged in the Complaint or otherwise presented on the current record-underlying Plaintiff's resignation and his efforts to rescind his resignation. The Court shall then discuss Plaintiff's present request for immediate injunctive relief, as it pertains only to his request that the December 11, 2021 special election be enjoined.
A. Factual Background
Plaintiff attended a three-day training session sponsored by AFGE at a Days Inn in Altus, Oklahoma from October 19-22, 2021. Compl. ¶¶ 23, 24. He claims that, during that event, he had a “consensual physical contact” with an “Unnamed Female, ” who is also an AFGE member. Id. ¶ 40. The “contact” purportedly occurred in the presence of witnesses and was captured by the hotel's surveillance cameras. Id. ¶¶ 106, 108. Plaintiff claims that this “Unnamed Female” initiated the “contact” by flirting with him and massaging his shoulders, and that she did not
complain to other AFGE local and national officers present at the conference that the contact was “unwelcomed.” Id. ¶¶ 66, 89.
Plaintiff alleges that on October 25, 2021, he received a telephone call from AFGE's National President, Everett Kelley. Id. ¶ 113. Mr. Kelley told him that the Unnamed Female had filed charges against Plaintiff. Id. ¶ 114. Mr. Kelley then told Plaintiff that he had viewed the surveillance video from the Days Inn and that “it doesn't look good.” Id. ¶ 117. Mr. Kelley then allegedly told Plaintiff that it would be “best” for Plaintiff's family and AFGE's National Executive Council for Plaintiff to resign from his position as a National Vice President. Id. ¶ 130. Plaintiff responded that he wanted to go on “stress leave” for a few weeks before making any decision, but Mr. Kelley refused this proposal. Id. ¶¶ 131-32. Mr. Kelley then allegedly informed Plaintiff that if he did not immediately submit a letter of resignation, Mr. Kelley would “call an emergency meeting with the [National Executive Council] tomorrow, and with everything going on, it would be political suicide for the [Council] not to remove you from your position. It would be best if you made it easy for yourself and the [Council] by resigning.” Id. ¶ 133. Plaintiff told Mr. Kelley that he would consider resigning. Id. ¶ 134.
Plaintiff alleges that, approximately 90 minutes after this phone call, Mr. Kelley called him again and “pressured him to resign.” Id. ¶ 136. At 9:45 p.m. on October 25, 2021, Plaintiff sent an email to Mr. Kelley, stating, “Due to personal reasons, I am resigning as 9th District National Vice president effective today, October 25, 2021.” Def.'s Opp'n Ex. 4, 10/25/21 9:45 PM Email from S. Petty to E. Kelley, ECF No. 21-4. Less than one hour later, Mr. Kelley responded, “I accept your resignation effective immediately. You are no longer authorized to act on behalf of AFGE, and you have relinquished all rights and privileges of your office.” Def.'s Opp'n Ex. 5, 10/25/2110:22 PM Email from E. Kelley to S. Petty, ECF No. 21-5. The same email noted that AFGE
“reserves it rights to investigate the conduct alleged against you and take any and all action it deems appropriate.” Id.
After Mr. Kelley accepted Plaintiff's resignation, he immediately notified the Council. See Def.'s Opp'n at 10; Def.'s Opp'n Ex. 2, 10/25/21 Mem. re: Vacancy in District 9 National Vice President Position, ECF No. 21-2; Def.'s Opp'n Ex. 7, 10/25/2110:45 PM Email from E. Kelley to “NEC Only, ” ECF No. 21-7. Mr. Kelley also informed “District 9 Leaders” on October 26, 2021 that Plaintiff had resigned from his position and that Mr. Kelley had accepted his resignation. Def.'s Opp'n Ex. 12, 10/26/2112:22 PM Email from E. Kelley, ECF No. 21-12. He noted that a special election would be held to fill the vacancy. Id.
On October 28, 2021, Plaintiff changed his mind about resigning. Compl. ¶ 146. He sent a letter by email to Mr. Kelley, indicating that he wanted to rescind his resignation. Id. ¶ 147. In a subsequent telephone conversation, Mr. Kelley told Plaintiff that he did not know whether or not Plaintiff could withdraw his resignation, but that he would speak with AFGE's General Counsel about the matter. Id. ¶¶ 150, 152.
On October 29, 2021, Mr. Kelley responded to Plaintiff by letter, indicating that Plaintiff's resignation was “final and binding, ” that his “attempted recission [sic] is not effective, ” and that “given the nature of the alleged misconduct, your attempted recission [sic] would not be accepted, regardless.” Def.'s Opp'n Ex. 11, 10/29/21 Letter from E. Kelley to S. Petty, ECF No. 21-11. Mr. Kelley's letter recounts that Plaintiff had resigned from his position “first verbally and then in writing, on Monday October 25, 2021, ” and that Mr. Kelley had “responded in writing on that same date accepting your resignation on behalf of AFGE.” Id. It further notes that Plaintiff's “alleged conduct, specifically an alleged sexual assault/sexual harassment, in a public area of a hotel during an AFGE event with witnesses present and a security camera recording the entire
scene, was utterly egregious” and that he had “referred the matter to the Legal Rights Committee for investigation and recommendations concerning what further actions, if any, AFGE should take against [Plaintiff].” Id.
On November 1, 2021, Plaintiff's counsel sent a letter to Mr. Kelley, all members of the National Executive Council, and AFGE's General Counsel, stating Plaintiff's position that Mr. Kelley had no legal authority to accept his resignation because only the Council had authority to do so. Compl. ¶ 159. The same letter stated Plaintiff's position that Mr. Kelley did not have authority to reject Plaintiff's attempt to rescind his resignation because the Council had not yet voted to accept his resignation. Id. ¶ 160. Plaintiff's counsel subsequently notified Defendant's counsel, on November 11, 2021, that Plaintiff intended to seek a temporary restraining order, enjoining the special election. See supra note 3.
On November 23, 2021, Plaintiff announced his candidacy for the National Vice President for District 9 special election on December 11, 2021. Def.'s Opp'n Ex. 10, 11/23/21 Email from S. Petty to E. Bunn (AFGE), ECF No. 21-10.
B. Plaintiff's Motion for a Temporary Restraining Order
In the evening of December 8, 2021, Plaintiff filed a [9] Motion for Temporary Restraining Order and later, at 11:02 p.m., filed a [12] Memorandum of Points and Authorities in support thereof. On December 9, 2021, the Court held two teleconferences with the parties to address the issues raised in Plaintiff's TRO...
