A U.S. District Court judge has declared all senior union positions at the Sparrows Point steel mill void and ordered a new election of officers under the supervision of the U.S. Department of Labor.

Judge James K. Bredar singled out the behavior John Cirri, former president of Local 9477 of the United Steelworkers, as part of a pattern by Local 9477 officers to use “employer resources” to promote their slate of candidates.

In particular, the judge cited the use of the steel mill’s e-mail system and the mass photocopying of literature by the Cirri-controlled Red, White & Blue caucus. He said the violations may have affected the outcome of the April 2009 election in which the RWB slate defeated an insurgent group of steelworkers.

Bredar’s ruling – made late last month, but not publicly disclosed until now – came just days after Cirri tendered his resignation as president of Local 9477.

Cirri did not allude to the legal case in his resignation announcement to 1,800 union members at the Baltimore County mill. Instead, he said that his resignation for “anything other than for health reasons is simply not true.”

Cirri Statement

Responding to queries by The Brew, Cirri e-mailed the following statement this morning, which is published in full:

“I am not aware of the local holding a new election. You would have to ask an elected official of the local union, and my stepping aside as the local union president was done before any court ruling. Not one DOL charge or violation was directed against me nor was I charged with any violation, so any ruling was not a factor in my decision.

“I announced many months ago that I would be stepping aside for health reasons, but my obligation to my elected office and to the membership would not allow me to do so while unfortunate circumstances, company wanting to restructure by permanently eliminating 550 people – shutting down of our furnace – 1000 people laid off – WARN Notice – pending sale of our plant – contract negotiations and ratification, was placed upon our plant.

“Restructuring was completed with not one single person being eliminated, people are back to work, furnace is up and running, sale is complete, contract and ratification done. I fulfilled my obligation to my elected office and to the membership and could now step aside with a clean slate and conscience.

“As far as future elections the majority voice of the membership will decide that. I may be in better health by April.”

Ruling Critical of New Leader

In his eight-page ruling, Bredar also criticized Jeff Mikula, who became Local 9477 president following Cirri’s resignation.

Mikula issued campaign flyers on behalf of his candidacy as vice president. Much of the literature was copied and distributed at the Career Development Center, commonly known as the “union annex,” which Severstal provided for the union, the judge wrote.

“Examples of conduct drawing the attention of the Secretary of Labor were the faxed transmission of a biography of the incumbent slate’s candidate for vice president, Jeff Mikula, the mass photocopying of the Mikula flyer and a letter from the incumbent president, John Cirri, … and an e-mail message to 14 employees to ask them to hand out campaign literature, which included copies of a second Cirri letter,” Bredar added.

These and other acts constitute a violation by Local 9477 of the Labor-Management Reporting and Disclosure Act that prohibits the use of employer funds or facilities to promote the candidacy of any individual in a union election.

Bredar rejected the local’s argument that its use of company equipment had no effect on the election, calling the argument irrelevant.

Mikula is currently attending the USW’s constitutional convention in Las Vegas. A message left on his cellphone last night was not answered.

Hard-Fought Victory for Dissidents

Judge Bredar ordered new elections for 11 union posts – president, vice president, financial secretary, treasurer, outside guard, inside guard, first trustee, second trustee, and grievance committee members for Zone 1, Zone 3 and Zone 7.

Sources told The Brew that lawyers for the USW in Pittsburgh are negotiating with the Labor Department over a date for the new election.

In general, such elections take place within 90 days of a court order.

The ruling represents a hard-won victory for the United Steelworkers for Action, a grassroots group of steelworkers who rebelled against Cirri’s tight control of Local 9477.

A protest against the election campaign was filed by the insurgent’s candidate for president, James Blankenship, after the local turned aside his written complaint. Attempts to reach Blankenship, a blast furnace employee, were unsuccessful

Blankenship lost to Cirri in the election, and the Red, White & Blue caucus won all but two union positions.

Recent upheavals at Sparrows Point – including the shutdown of the mill by Severstal last year and its recent sale to RG Steel – undercut Cirri’s political power. Squabbling within the RWB caucus has resulted in its apparent collapse.

New Job for Cirri

While parting from a position he had filled since 2002, Cirri has not been forced to doff a hardhat or put on steel-toed shoes.

He continues as contract coordinator at Sparrows Point, a position appointed by the International USW which allows him to remain at the union annex building and retain the same salary he had as local president.

As part of his ruling, Judge Bredar ordered the USW to pay the Labor Department’s costs related to the suit.

The case is JKB-09-3375 (Hilda L. Solis, Secretary of Labor v. Local 9477 USW) filed in the U.S. District Court of Maryland.