Correctional officers sued a union official and the union for defamation arising from statements made in a regional president’s report delivered at a national union assembly describing the plaintiffs as conducting a campaign of “lies and untruths” during a union raiding effort.
The court found the statements were defamatory and made on an occasion of qualified privilege because they were delivered by a union officer to union members regarding union affairs.
However, the privilege was defeated because the language accusing the plaintiffs of lying was irrelevant to the reporting duty and motivated by an ulterior purpose to discredit and intimidate those attempting to challenge the union’s bargaining status.
The court also found actual malice based on a coordinated effort to label opponents as liars during the raid.
Each plaintiff was awarded $25,000 in general damages and $7,000 in aggravated damages.
On the counterclaim, defamatory internet publications about the union were proven but resulted only in nominal damages to the union.
