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14-1890
Supreme CourtPennsylvania Court ofCommo4 Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: Cumberland County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint D Writ of Summons � Petition Transfer from Another Jurisdiction rl Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Association of Pennsylvania State College& University lid Steven Haase Dollar Amount Requested: Elwithin arbitration limits I Are money damages requested? El Yes El No (check one) F7 outside arbitration limits 0 N Is this a Class Action Suit? El Yes 0 No Is this an MDJAppeal? 13 Yes M No A Name of Plaintiff/Appellant's Attorney: Jennifer A. Nachamkin, Esq., Strokoff&Cowden, P.C. El Check here if you have no attorney(are a Self-Represented 1Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS El Intentional Buyer Plaintiff Administrative Agencies r7 Malicious Prosecution Debt Collection:Credit Card M Board of Assessment Motor Vehicle Debt Collection:Other ❑ Board of Elections 0 Nuisance rl Dept.of Transportation Premises Liability Statutory Appeal:Other S l] Product Liability (does not include E mass tort) (� Employment Dispute: Slander/Libel/Defamation Discrimination C Other: Employment Dispute:Other Zoning Board T D Other: I rl Other: O MASS TORT Asbestos N l] Tobacco rl Toxic Tort-DES E] Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Q Toxic Waste Ejectment E] Common Law/Statutory Arbitration B Other: Q Eminent Domain/Condemnation rl Declaratory Judgment rl Ground Rent Mandamus 0 Landlord/Tenant Dispute Non-Domestic Relations rl Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY El Mortgage Foreclosure:Commercial 0 Quo Warranto 0 Dental 0 Partition Replevin El Legal E] Quiet Title Other: rl Medical Other: Equity: Special and 0 Other Professional: Preliminary Injunction Updated 1/1/2011 James L. Cowden, Esq. Jennifer A. Nachamkin, Esq. Strokoff& Cowden, P.C. 132 State Street i' Harrisburg, PA 17101 (717) 233-5353 i lcna,strokoffandcowden.com i an(a,strokoffandcowden.com ASSOCIATION OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS STATE COLLEGE AND UNIVERSITY CUMBERLAND COUNTY, FACULTIES (APSCUF) , PENNSYLVANIA Plaintiff V. NO. ` a STEVEN HAASE, NATHAN GOATES, CIVIL ACTION -EQUITY AND JOHN DOES AND JANE DOES, AND THE FACULTY FOR ADVOCACY, CONTRACT, TRANSPARENCY AND STRATEGY ("FACTS" ORGANIZATION), Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street 10 3, ?S 4-u? Carlisle, PA 17013 Q (717) 249-3166 .40 James L. Cowden, Esq. Jennifer A. Nachamkin, Esq. Strokoff& Cowden, P.C. 132 State Street Harrisburg, PA 17101 (717) 233-5353 j lc(&strokoffandcowden.com j an(&strokoffandcowden.com ASSOCIATION OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS STATE COLLEGE AND UNIVERSITY CUMBERLAND COUNTY, FACULTIES (APSCUF) , PENNSYLVANIA Plaintiff j pp���j nn V. NO. ( ` b 6 STEVEN HAASE, NATHAN GOATES, CIVIL ACTION -EQUITY AND JOHN DOES AND JANE DOES, AND THE FACULTY FOR ADVOCACY, CONTRACT, TRANSPARENCY AND STRATEGY ("FACTS" ORGANIZATION), Defendants COMPLAINT IN EQUITY Plaintiff, Association of Pennsylvania State College and University Faculties ("APSCUF"), by its attorneys Strokoff& Cowden, P.C., brings the following civil action for preliminary and permanent injunction against Defendants, and avers in support in support thereof as follows: 1. Plaintiff, Association of Pennsylvania State College and University Faculties ("APSCUF"), is an employee organization under the Pennsylvania Public Employee Relations Act ("PERA"), 43 P.S. §§1101-101. et seq., that maintains its main office at 319 North Front Street, Harrisburg, Pennsylvania. 1 2. APSCUF is certified by the Pennsylvania Labor Relations Board as collective bargaining agent for about 5,500 faculty and 350 intercollegiate athletic coaches employed by the Pennsylvania State System of Higher Education ("PASSHE"). 3. Defendant, Steven Haase, is an adult individual with an address of 40 North Earl Street, Shippensburg, Cumberland County, Pennsylvania. Defendant Haase is a faculty member at Shippensburg University. 4. Defendant, Nathan Goates, is an adult individual with a business address of Grove Hall 223, Shippensburg University, Shippensburg, Cumberland County, Pennsylvania. Defendant Goates is a faculty member at Shippensburg University. 5. Defendants, John/Jane Does, are unknown individuals directing and/or maintaining an unrecognized ad hoc organization at Shippensburg University named Faculty for Advocacy, Contract, Transparency and Strategy (hereinafter "FACTS organization"). 6. It is believed therefore averred that Defendant Haase and Defendant Goates are leaders and/or members of the FACTS organization. 7. Venue is properly laid in this Court against Defendants under Pa.R.C.P. 1006(a)(1) because the cause of action and/or the transactions or occurrences out of which this cause of action arose occurred in Cumberland County and also because the Defendants live and work, and therefore may be served, in Cumberland County. 2 8. APSCUF exercises general supervisory authority over local chapters located at each of the 14 state universities that comprise the Pennsylvania State System of Higher Education ("PASSHE"). One such local chapter is located at Shippensburg University of Pennsylvania (hereinafter "APSCUF/SU"). 9. Each local APSCUF chapter conducts elections for local level officers in accordance with the local chapter bylaws. (The Shippensburg University Chapter Bylaws are attached hereto as Exhibit A). 10. Election of SU/APSCUF officers was scheduled to begin at Shippensburg University on March 25, and end on March 26, 2014. 11. APSCUF has an irrefutable interest in maintaining its reputation for treating its members fairly, promoting fair elections of its officers and not endorsing or being perceived as endorsing any candidates seeking election to its local chapter offices level or exercising any influence over such local elections or the votes of its members. 12. In 2003 APSCUF's Executive Committee approved and adopted the use of a trademark. The graphic is the left side of a keystone- shaped outline transected by a torch. The trademark also bears the acronym, "APSCUF" in an all capital letter typeface. The text, "Association of Pennsylvania State College & University Faculties" appears below the acronym in a smaller all capital typeface. (A black and white reproduction of the logo is attached hereto as Exhibit B). 3 13. After adopting the new trademark in 2003, and as it exhausted supplies bearing its old logo, APSCUF would replace them with new supplies bearing the current trademark. By 2005 all materials were being produced with the current trademark. 14. At all relevant times after 2005 through the present, APSCUF has maintained exclusive use and ownership of its trademark. 15. APSCUF uses its trademark on all of its official communications including letterhead, envelopes, notepaper, posters, brochures, newsletters, membership cards, web materials, t-shirts and other promotional items. 16. APSCUF's trademark is universally known and recognized within and among its members as well as all employees at PASSHE as indicating that the contents of any publications, correspondence, letters, posters, and all other business documents bearing APSCUF's trademark are endorsements of and/or are endorsed and sanctioned by Plaintiff, APSCUF. 17. The trademark is distinctive and unique to APSCUF. It has been in exclusive, continuous use by APSCUF, and as such is a valid, unregistered trademark owned by APSCUF entitled to protection from unauthorized use or infringement. 18. Since approximately December 13, 2013, and at all relevant times thereafter, Defendants, acting in conjunction with the FACTS organization have caused certain papers, posters, buttons and emails bearing the APSCUF trademark to be published, created or otherwise distributed on the 4 campus of Shippensburg University. (See examples attached hereto as Exhibit C). 19. Plaintiff believes, and therefore avers, that Defendants, with knowledge of APSCUF's aforementioned exclusive use and ownership of its trademark, and with intent to influence or deceive members of the bargaining units, have been producing or have been causing the production and distribution of posters, buttons and other election-related materials using the APSCUF trademark which appear on publications of the FACTS organization. 20. The aforementioned publications of the FACTS organization have been published to the Shippensburg University bargaining unit members via the internet and widely circulated on the university campus. 21. Plaintiff believes, and therefore avers, that Defendants' production and distribution of said publications was undertaken without permission to express points of view not approved, sanctioned or endorsed by APSCUF to influence the outcome of the election of local APSCUF officials. 22. Neither the Defendants as individuals nor the FACTS organization as an entity or any individuals acting in conjunction or affiliated with the FACTS organization have authorization to reproduce or use the APSCUF trademark on any of its publications. 23. APSCUF has asked Defendants to cease using the APSCUF logo on their campaign materials, but such requests have been ignored. 5 24. However, none of the posters, buttons or other publications bearing the APSCUF trademark were taken down or rescinded by Defendants and/or by the FACTS organization. 25. Defendant Haase is seeking election as the president of the APSCUF/SU chapter and Defendant Goates is seeking election as the treasurer. 26. The slate of candidates endorsed by the FACTS organization includes Defendant Haase and Defendant Goates. 27. It is believed and averred that Defendants Haase and Goates, in conjunction with other Jane/John Does affiliated with the FACTS organization, have published materials endorsing and promoting a specific slate of candidates that includes Defendants Haase and Goates who are seeking election as officers of the APSCUF/SU chapter. 28. Defendant Goates has posted a picture of a button bearing both the "FACTS" insignia and the APSCUF trademark on his "Twitter" account. The picture shows a bulletin board outside his office door. The photograph was posted to his internet "Twitter" account on or about March 27, 2014. (Defendant Goates'Twitter photograph is attached hereto as Exhibit D). 29. APSCUF does not endorse and expressly condemns the attempt of Defendants to affiliate APSCUF with the expressions and opinions made by the FACTS organization through the misappropriation of its official trademark. 6 30. Defendants' use of APSCUF's trademark has caused or is reasonably likely to result in confusion and a misperception that APSCUF has endorsed certain candidates for the election to APSCUF/SU offices. 31. Defendants' continued unauthorized use of APSCUF's trademark has influenced or is reasonably likely to influence the outcome of APSCUF/SU election. 32. Because of the confusion caused by the misuse of the APSCUF trademark, the APSCUF/SU elections committee invalidated an election in March and rescheduled the election for April 8-9, 2014. 33. Defendants' actions have caused confusion and if not enjoined are reasonably likely to continue to confuse and/or undermine the perceptions of the members of APSCUF's bargaining unit at Shippensburg University that APSCUF is neutral in the upcoming election and thereafter, which will interfere with the holding of fair elections for union office. 34. Defendants' acts are contrary to law and continue to manifest harm and irreparable injury to Plaintiff, APSCUF. WHEREFORE, Plaintiff, APSCUF respectfully requests that the Court: a. Preliminarily and permanently enjoin and restrain Defendants from the creation or publication or use of the APSCUF trademark; b. Order Defendant to account for all uses and publications and unauthorized uses of the APSCUF trademark; 7 C. Order Defendants to rescind, remove and otherwise destroy and/or permanently delete any and all publications in whatever form they appear, that bear an unauthorized reproduction of the APSCUF trademark; d. Order Defendants to deliver and/or return to Plaintiff APSCUF any preprinted papers, posters, buttons, letters, bearing the APSCUF trademark including but not limited to electronic reproductions or facsimiles of same. Respectfully submitted, STROKOFF 8s COWDEN, P.C. By: Ja s L. Cowden iI.D. 0. 20082 •J Jennifer A. Nachamkin I.D. No. 200931 Date: y I I 132 State Street Harrisburg, PA 17101 (717) 233-5353 Attorneys for Plaintiff Association of Pennsylvania State College and University Faculties ("APSCUF") 8 VERIFICATION I, STEPHEN J. HICKS, certify that I am President of the Association of Pennsylvania State College and University Faculties ("APSCUF"), and that I am authorized by APSCUF to verify the foregoing document. I certify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Stephen J. Hicks Date: 3/28/ 14 Shippensburg University Chapter APSCUF Faculty and Coach Bylaws EEXHIMBMIT Bylaws Association of Pennsylvania State College and University Faculties Shippensburgy University Chapter TABLE OF CONTENTS Page Article I: Name 2 II: Purpose 2 III: Relationship to State APSCUF 2 IV: Membership &Dues 3 V: Representative Council 4 VI: Officers 5 VII: Delegates to APSCUF Legislative Assembly 7 VIII: Meet&Discuss 8 IX: Executive Committee 9 X: Committees 9 Section 2: Grievance 10 Section 3: Legislative 10 Section 4: Membership 10 Section 5: Nominations&Elections 11 Section 6: Gender Issues and Social Justice 11 Section 7: Negotiations 11 Section 8: APSCUF/SU Planning&Budget 11 Section 9: Public Relations 12 Section 10: Health and Welfare Specialist 12 Section 11: Student Affairs Representative 12 Section 12: Mobilization Committee 12 XI: Elections 13 Vacancies 14 Voting 14 Recall 14 XII: Parliamentary Authority 15 XIII: Amendments 15 1 ARTICLE I-NAME The name of this organization is the Shippensburg University Chapter of the Association of Pennsylvania State College and University Faculties, herein called APSCUF/SU. ARTICLE II-PURPOSE Section 1. To promote and maintain among the Faculty and Coaches at Shippensburg University the highest professional standards and ethics in order to better serve the students of Shippensburg University. Section 2. To act as the exclusive representative for all members of the bargaining unit in implementing any collective bargaining agreement with the Commonwealth of Pennsylvania or with the local administration of the University under the provisions of Act 195 and to operate as the local representative of State APSCUR Section 3. To promote effective Faculty and Coaches participation in the governance of Shippensburg University and to encourage active Faculty and Coaches engagement in the solution of problems common to the universities of the State System of Higher Education. Section 4. To aid in retaining and attracting highly qualified Faculty and Coaches by improving salaries,tenure, promotions, sabbaticals,health benefits, retirement benefits, and other conditions of employment that may be appropriate. Section 5. To cooperate with community organizations and civic bodies having worthy educational objectives, and to aid in interpreting to the public the problems and functions of public higher education. Section 6. To encourage Faculty members and Coaches to exercise their Constitutional rights and privileges and to assume appropriate leadership responsibilities in civic affairs. Section 7. To keep local members informed of activities at the local and state levels. ARTICLE III-RELATIONSHIP TO STATE APSCUF Section 1. APSCUF/SU is a local chapter of APSCUF. 2 Section 2. State APSCUF Executive Council shall have general supervisory authority over chapters,their officers and affairs, and the right to act on behalf of or in the place of a chapter or chapter officer. Section 3. The authority of the State APSCUF Bylaws and the State APSCUF Executive Council over the local chapter is set forth in ARTICLE XII -Local Chapters of State APSCUF Bylaws. ARTICLE IV-MEMBERSHIP AND DUES Section 1. Members of the bargaining unit existent on October 6, 1971 or as revised by the Pennsylvania Labor Relations Board or members of subsequently formed bargaining units are eligible for Active Membership. Dues for Active Members are determined by action of the State APSCUF Legislative Assembly and ratification by a majority vote of the Active Members casting ballots. Dues will be collected in a manner stipulated by the Collective Bargaining Agreement and the State APSCUF Legislative Assembly. All SU faculty and coaches who are APSCUF members are members of APSCUF/SU. Section 2. Membership Rights Active Members are eligible to run for office, serve on committees, and vote in elections and meetings of the membership. Section 3. Acting Managers Acting Managers who are APSCUF members continue to pay dues on their salary excluding any administrative increment. Acting Managers are not eligible to run for office, serve as faculty representatives on committees, or participate or vote in department meetings or elections, as per Article 7.F.4.d of the CBA. Section 4. Retrenched Members Active Members of APSCUF who have been retrenched continue active membership in APSCUF while on the preferential hiring list. Dues will be determined by the State APSCUF Legislative Assembly. Section 5. Membership Meetings a. Meetings of the members shall be convened by the President or upon written petition to the President from ten percent or more of the members. b. The President shall inform the membership of the time and place of the meeting. c. The members present shall constitute a quorum. 3 ARTICLE V-REPRESENTATIVE COUNCIL Section 1. Membership The Representative Council shall be composed of the APSCUF/SU Executive Committee and delegates elected by and from the APSCUF members of each academic department and the coaches' bargaining unit. Section 2. Composition Each academic department with 10 or fewer APSCUF members shall be entitled to elect one delegate to the Council. Departments with more than 10 APSCUF members and the coaches' bargaining unit shall be entitled to elect two delegates. The number of delegates each department is entitled to shall be based on the active membership it has on February 1 of each year. The APSCUF/SU Membership Chairperson shall verify the number of delegates for each department and present the list to the Executive Committee by March 1. Section 3. Election a. Members of the Council shall be elected by and from the APSCUF members in each academic department or coaches' bargaining unit before April 15. The term of office for all delegates shall be two years. Departments entitled to two delegates shall elect one delegate each year. b. Alternate delegates for each academic department shall be elected at the same time as regular delegates. Alternates shall have all the rights and responsibilities of a delegate for the meeting at which they serve as alternates. c. Only duly elected delegates or their alternates and APSCUF/SU Executive Committee members shall be seated as voting members of the Council. A list of duly elected delegates and alternates shall be provided by the academic Department Chairpersons to the Secretary of APSCUF/SU by April 15. The Secretary shall certify all delegates and alternates prior to the beginning of each Council meeting. d. A departmental delegate vacancy shall be filled by a special election at a regular meeting of the department. Section 4. Functions The functions of the Council shall be to advise the APSCUF/SU President and Executive Committee regarding concerns and issues of the Faculty and Coaches and to ratify the APSCUF/SU budget. Section 5. Responsibilities Delegates to the Representative Council shall be responsible for communicating to the Council issues and concerns of APSCUF members in each academic department and of the coaches and reporting activities of the Council to their academic departments and the coaches. Section 6. Meetings A quorum of the Council shall consist of a majority of elected delegates. a.Regular meetings of the Representative Council shall be held according to a schedule determined by the Council and/or the APSCUF/SU President. The Council shall meet at least once each semester. 4 b. Special meetings shall be called by the President,the Executive Committee, or upon petition from at least 50% of Council or ten percent of the APSCUF/SU membership. c.Notice of each meeting shall be announced at least one week before the meeting. d. The President or designee shall chair the meetings of the Representative Council. ARTICLE VI- OFFICERS Section 1. Composition of Officers The Officers of APSCUF/SU shall consist of a President,Vice President,Immediate Past President, Secretary, and Treasurer. All Officers are members of the APSCUF/SU Executive Committee and Representative Council. Section 2. Terms of and Qualifications for Office a. The following offices have two-year terms: President, Vice President, Secretary, and Treasurer. The initial term of service for each office shall begin May 15 immediately following election. The Immediate Past President will serve one two-year term, which shall not be extended, following his/her term as President. b. To be a candidate for the office of APSCUF/SU President, an individual must have been a member in good standing of APSCUF for a minimum of five years and have been a member of the Executive Committee for at least two years in the previous six-year period. Section 3. President The President shall: a. preside at all meetings of the Executive Committee, Representative Council, membership and all-campus Faculty and coaches meetings; b. appoint, in consultation with the Executive Committee, members to committees not otherwise provided for in the Bylaws; c. unless otherwise stated, be an ex-officio member of all APSCUF/SU committees; d. prepare the Agenda for meetings of the Executive Committee, Representative Council,membership and Faculty and coaches meetings; e. administer, in conjunction with the Treasurer,the budget established by the Executive Committee and ratified by the Representative Council; f. represent APSCUF/SU and SU Faculty and Coaches before the public as appropriate; g. serve as a member of the University Forum and its Executive Committee; h. convene the organizational meeting of the Professional Affairs Committee; 5 ' i. be a delegate to the State APSCUF Legislative Assembly and function as the head of the SU delegation; j. serve as APSCUF/SU Negotiations Chairperson and member of the State APSCUF Negotiations Committee; k. if appropriate, appoint for a two-year term a member to serve on the Shippensburg University Foundation Board. This appointment shall be ratified by APSCUF members voting during the annual election. If for any reason the appointed member cannot complete the term, the President shall appoint another member to fill the unexpired term. 1. oversee the work of the chapter's office personnel; m. appoint an annual Audit Committee to verify the financial records of the Treasurer and to file the annual State Audit Report; The President shall consult regularly with the Executive Committee in the implementation of the above duties and responsibilities. The President is ultimately responsible for the duties listed above, although specific responsibilities may be designated to other appropriate members of the organization. Section 4. Vice President The Vice President shall: a. captain the Meet and Discuss Team and report to the Faculty and coaches following each meeting; b.. assume all duties of the President in case of absence or disability of the President, and serve as the President's designee at the request of the President; c. serve as a delegate to the APSCUF Legislative Assembly. Section 5. Secretary The Secretary shall keep a record of the minutes of all Executive Committee, Representative Council, membership and all-campus Faculty and Coaches' meetings. During the absence of the Secretary, another member of the Executive Committee shall be appointed by the President to keep the record. Section 6. Treasurer The Treasurer shall be responsible for all financial matters of APSCUF/SU, subject to policy established by the Executive Committee or State APSCUF. These duties shall include: a. paying bills promptly and depositing income to the APSCUF/SU account; b. keeping accurate records of financial matters and presenting regular reports to the Executive Committee; c. cooperating with the annual Audit Committee; d. assisting the President in preparing an annual projected budget. 6 Section 7. Immediate Past President The Immediate Past President shall: a. represent APSCUF/SU at meetings of the SU Council of Trustees; b. preside at membership meetings in cases of recall action. c. serve as a member of the University Planning& Budget Council and is a voting member of the Executive Committee d. If the Immediate past President retires or resigns from the University or goes on leave before the end of the two-year term, his/her duties will be assigned by the President, in consultation with the Executive Committee. Section 8. Restrictions on Officers Officers shall not serve on any contractually mandated committee: Promotion, Tenure, Sabbatical Leave, or Curriculum Committee. Section 9. Confidentiality of Officers Officers shall not discuss specific details beyond the bargaining unit nor release information publicly regarding individual grievances, arbitrations, or cases in litigation filed or pursued by individuals until the issue is concluded or released for publication by State APSCUF Executive Council. Section 10. Public Statements by Officers Officers shall insure that any public statements differing from State APSCUF policies or positions are not presented as positions of State APSCUF. ARTICLE VII-DELEGATES TO APSCUF LEGISLATIVE ASSEMBLY Section 1. Delegate Entitlement The State APSCUF Legislative Assembly is the governing body of APSCUF, an assembly composed of faculty and coaches' delegates. Each local chapter is entitled to one faculty delegate to the Assembly for each 50 members, or major portion thereof, in the local chapter. Each local shall also be entitled to elect one coaches' delegate and one alternate delegate; however, the coaches shall be entitled to only one voting delegate for each 50 coaches across all campuses. Section 2. Delegate Obligations Delegates represent APSCUF/SU at meetings of the Assembly and are members of the APSCUF/SU Executive Committee. At-large Delegates also serve as members of the local Negotiations Committee. The term of office for At-large Delegates is two years. 7 ' Section 3. Local President& Vice President By virtue of his/her office,the APSCUF/SU President shall be a delegate and head of the chapter's delegation. The Vice President shall also be a delegate. Section 4. Vacancies in Delegation If a vacancy occurs with at least 14 months left in the term, an election shall be held to fill the vacancy at the next regular election. If a vacancy occurs with fewer than 14 months left in the term, the President shall appoint an alternate who is willing to complete the unexpired term of the former delegate. Section 5. Alternate Delegates In addition to the one faculty delegate for each 50 faculty in the bargaining unit, the faculty will elect an Alternate Delegate to the Legislative Assembly. Elected members of the Executive Committee who are not delegates to the State APSCUF Legislative Assembly shall be alternate delegates to the State APSCUF Legislative Assembly if needed. ARTICLE VIII-MEET AND DISCUSS Section 1. Membership The Meet and Discuss Team shall consist of the Vice President and five elected members, four faculty, and one coaches' representative. Section 2. Duties The duties of the Meet and Discuss Team shall include: a. meeting monthly with the University President or designee for the purpose of discussing matters of educational policy and development as well as matters regarding the Collective Bargaining Agreement; b. reporting to the Executive Committee and the Representative Council concerns reflected at these meetings; c. carrying out the directions of the Executive Committee. Section 3. Executive Committee Membership Meet and Discuss Team Members are elected members of the APSCUF/SU Executive Committee. Section 4. Term of Service The term of service of Team Members shall be two years commencing May 15. Two of the Members shall be elected in even-numbered years and the other two in odd-numbered years. 8 Section 5. Vacancies If a vacancy occurs in the position of a Team Member and there are at least fourteen months left in the term, an election shall be held to fill the vacancy at the next regular election. If a vacancy occurs later,the President shall appoint another member to fill the unexpired term. ARTICLE IX-EXECUTIVE COMMITTEE Section 1. Membership The Executive Committee shall consist of the following voting members: the officers, committee chairpersons elected by the APSCUF/SU membership (Legislative and Planning and Budget), At-Large Delegates to the State APSCUF Legislative Assembly,the Meet and Discuss Team, the Grievance Committee Chairperson, and the Gender Issues Chairperson. The Membership Chairperson,the Health&Welfare Specialist,the Student Affairs Representative and the Public Relations Committee Chairperson shall be non-voting members of the Executive Committee. Section 2. Duties a. The Executive Committee shall see that the policies and instructions of State APSCUF are carried out. b. The Committee shall advise the APSCUF/SU President concerning the implementation of programs and execution of its decisions. Section 3. Overturning Presidential Appointments A two-thirds vote of the Committee shall be required to overturn any presidential appointment. Section 4. Meetings a. Regular meetings of the Executive Committee shall be held at least once a month during the academic year. b. The President or designee shall call and chair all meetings. c. One-half of the Executive Committee members shall constitute a quorum. ARTICLE X- COMMITTEES Section 1. Standing Committees a. Standing committees are those committees specifically mentioned in these Bylaws. b. All standing committees and committees appointed by the President are bodies of the organization and their actions are subject to the authority of the Representative Council, Executive Committee, and membership. c. No committee may incur any expense without the prior approval of the President or his/her designee. 9 d. Unless otherwise specified in the Bylaws,the President shall appoint each chairperson subject to ratification by the Executive Committee. Terms of office shall be two years with no mandatory limit on terms of service. e. Chairpersons of Standing Committees shall have the right to place items on the agenda of meetings of the Executive Committee and of the Representative Council. f. Unless stated otherwise in the Bylaws,the President may appoint members to each committee. g. Chairpersons of committees having a statewide APSCUF committee shall represent APSCUF/SU at meetings of that committee and report to the membership and Executive Committee on the actions of the committee. h. Chairpersons shall call committee meetings as needed. Section 2. Grievance Committee The Grievance Committee shall: a. consist of the chairperson, appointed by the President in consultation with the Executive Committee,and as many members as the chair deems necessary;however,the local Grievance Committee should include one coaches' representative. b. be responsible for processing grievances according to the terms and conditions of the faculty and coaches' Collective Bargaining Agreements and the State APSCUF Grievance Committee. c. The chairperson shall be a voting member of the Executive Committee. d. The chairperson of the Grievance Committee shall not serve on any contractually mandated committee: Promotion, Tenure, Sabbatical Leave, or Curriculum Committee. Section 3. Legislative Committee a. The Legislative Committee shall consist of the elected chairperson and as many members as the chair deems necessary. b. The chairperson or his/her designee shall attend the meetings of the State APSCUF Legislative Committee and keep the Executive Committee and members informed of all relevant legislation. Section 4. Membership a. The Membership Committee shall consist of the appointed chairperson and as many members as the chair deems necessary. b. The committee shall be responsible for maintaining accurate membership records and recruiting new members. c. The chairperson of the Membership Committee shall be a nonvoting member of the Executive Committee and a member of the State APSCUF Membership Committee. 10 d. The chairperson shall present to the Executive Committee before March 1 each year a list of the number of delegates each academic department may elect to the Representative Council. Section 5. Nominations and Elections Committee a. At a meeting prior to February 1 of each year, the Representative Council shall elect one member from each college and the coaches' bargaining unit to a Nominations and Elections Committee. The committee shall elect its own chair. b. The Committee shall present a slate of two or more nominees, when possible, for each APSCUF/SU office to the Representative Council at its meeting prior to April. The Committee shall accept nominations from the floor of the Representative Council and shall implement and administer the election of APSCUF/SU offices and University governance offices before April 15 each year. c. The Committee shall be responsible for insuring that all necessary arrangements are made for conducting and reporting elections as described in Article XI. d. The Committee shall be responsible for administering, certifying, and reporting voting procedures and results in regular and recall elections. e. The Committee shall report to the State APSCUF Office the date of APSCUF/SU elections and the total votes cast for each candidate. Section 6. Gender Issues and Social Justice Committee a. There shall be a Gender Issues Committee in accordance with State APSCUF Bylaws. b. The chairperson shall be elected by majority vote of the Gender Issues and Social Justice Committee and will serve as a member of the State APSCUF Gender Issues and Social Justice Committee and attend its meetings. The Chairperson shall be a voting member of the Executive Committee. c. The President shall,with ratification by Executive Committee, appoint members to the Committee. Section 7. Negotiations Committee a. The Negotiations Committee shall consist of the President or his/her designee,the Vice President, and the At- Large Delegates to the Legislative Assembly, including the coaches' delegates. b. The duties of the local Negotiations Committee shall be to consult with local members, the APSCUF/SU Executive Committee, and Representative Council to identify negotiable issues of concern. c. During contract negotiations,the Committee shall also work with the APSCUF/SU President to facilitate communications with and coordinate actions of the local membership. Section 8. APSCUF/SU Planning and Budget Committee a. The APSCUF/SU Planning and Budget Committee shall consist of the chairperson who is elected by the Faculty in the spring regular elections and as many members as the chair deems necessary. 11 • b. The Planning and Budget Committee shall analyze the university budget and budget procedures and provide information to the Executive Committee;the chairperson serves on the University Planning and Budget Council and is a voting member of the Executive Committee. Section 9. Public Relations Committee The Public Relations Committee shall: a. Consist of the chairperson, appointed by the President in consultation with the Executive Committee, and as many members as the chair deems necessary. 1. The chairperson shall be editor of the APSCUF/SU newsletter and shall be responsible for publishing at least ten issues each year. 2.The chairperson shall be a nonvoting member of the Executive Committee. b. The Public Relations Committee will coordinate public relations for APSCUF/SU with university personnel, students, and public media. Section 10. Health&Welfare Specialist a. The Health & Welfare Specialist shall be appointed by the President in consultation with the Executive Committee. b. The Health& Welfare Specialist will be responsible for assisting APSCUF members with questions and/or problems concerning employer paid health benefit packages, as well as questions and/or problems dealing with the PA Faculty Health& Welfare Fund. c. The Health and Welfare Specialist shall be a member of the State APSCUF Health and Welfare Committee and a nonvoting member of the Executive Committee. Section 11. Student Affairs Representative a. The Student Affairs Representative shall be appointed by the President,with ratification by the Executive Committee,to maintain contact with and report to the Executive Committee on activities of the student government. b. The Student Affairs Representative shall be a member of the University Student Affairs Committee and a nonvoting member of the Executive Committee. Section 12. Mobilization Committee a. The Mobilization Committee chair shall be appointed by the President,with ratification by the Executive Committee. b. The Mobilization Committee chair shall be a member of the State-wide Mobilization Committee. c. The Mobilization Committee chair shall be a nonvoting member of the APSCUF/SU Executive Committee. d. The committee shall be responsible for 1) organizing, educating, and mobilizing faculty for job actions, 2) communication and coordination during a job action, 3) ongoing gathering and maintenance of the current strike manual, and 4) outreach to other unions and organizations. 12 ARTICLE XI-ELECTIONS Section 1. Conduct of Elections APSCUF/SU shall conduct elections for its officers and elected committee chairpersons, all Faculty and Coaches positions on the University Forum, Curriculum Committee, Graduate Council, Promotions, Sabbatical Leave, and Tenure Committee, and all other elected Faculty and Coach university-wide committee representatives. Section 2. Timetable for Nominations By February 15 the Nominations and Elections Committee shall announce all offices that will be vacant the following May 15 or August 31. Section 3. Acceptance of Nominations The Nominations and Elections Committee shall accept nominations for APSCUF/SU offices from any member and from the floor of the Representative Council. Section 4. Announcement of Elections Prior to the election the Nominations and Elections Committee shall announce the dates, hours, and location of the election. In addition the Committee shall announce the names of those who have agreed to be nominated for the various APSCUF/SU and University governance offices and committees. Section 5. Separation of Ballots Separate ballots shall be prepared for APSCUF/SU elections and non-APSCUF elections. Section 6. Authentication of Voters An up-to-date list of members and non-members shall be available at the election site and Faculty and Coaches shall be required to sign their initials next to their name. Section 7. Absentee Ballots Absentee ballots shall be made available for eligible voters who will not be on campus during the election period. The availability of such ballots shall be announced at least two weeks prior to the election. Section 8. Determination of Election A plurality of votes cast shall be necessary for election. Should there be a tie vote among candidates with the highest number of ballots, a runoff election among those tied shall be held to determine plurality. Section 9. Terms of Office a. The term of office for President and Vice President is two years beginning May 15. Elections for these offices will normally be held in even-numbered years. 13 b. The term of office for the following is two years: Secretary,Treasurer, At-Large Delegate to the Legislative • Assembly,Meet and Discuss Team Member, Delegate to the Representative Council, Legislative Chairperson, Planning&Budget Committee Chairperson. Approximately one-half of the Meet and Discuss Team, At-Large Legislative Assembly Delegates, and Representative Council Delegates shall be elected in even-numbered years and the remainder in odd-numbered years. The other officers listed above will normally be elected in odd- numbered years. The term of office for all APSCUF/SU service shall begin on May 15 of the year elected,but terms of At-Large Legislative Assembly Delegates shall begin on August 31 of the year elected. c. The term of office for the Immediate Past President is for two years. It shall begin May 15 after the completion of term as President. The immediate Past President shall serve one two-year term. d. The term of office for University Forum, Graduate Council, Curriculum, Promotions, Sabbatical and Tenure Committees is two-years as described in the governance document. Section 10. Vacancies a. If a vacancy occurs in the Office of President,the Vice President shall succeed to that office for the unexpired portion of the term. b. If a vacancy occurs in the office of Vice President, a special election shall be held within sixty days to elect a successor for the unexpired portion of the term. c. Vacancies on the University-wide Promotion Committee will be filled by the candidate receiving the next highest number of votes in that division, or by special election, if necessary(in accordance with the Promotion Policy Guidelines, approved in October 2005). If a vacancy occurs in any other elected position with at least 14 months left in the term, an election shall be held to fill the vacancy at the next regular election. If a vacancy occurs in any other elected position with fewer than 14 months left in the term, the position shall be filled by appointment of the President and ratification of the Representative Council. Section 11. Voting Procedures Voting shall be by written ballot and shall be scheduled for two consecutive days for at least six hours each day at a convenient location. Absentee ballots shall be provided by, administered by and returned to the Nominations and Elections Committee. Section 12. Recall a. Any elected official shall be subject to recall from office upon presentation to the Immediate Past-President (the official who last served as President) of a petition requesting such, signed by 20%or more of the membership. The petition shall be reviewed for validity by the Executive Committee and the accused shall be notified of the charges. The Executive Committee shall schedule a membership meeting to discuss the petition and announce voting on the recall at least 28 days following the notification to the accused. The accused must be given the opportunity to respond to the charges during that membership meeting. b. The Executive Committee may, on its own motion, passed by two-thirds of voting members of the Committee, schedule a vote on recall of any elected official. The elected official may choose to include a written statement refuting the charges. This statement shall be included with the recall vote ballot; and the balloting shall be conducted in the same manner as elections and be administered by the Nominations and Elections Committee. 14 c. The Past-President shall preside at the membership meeting. d. If two-thirds plus one of those voting vote to recall,the official is removed from office. e. The Past-President shall certify and report the results to the membership. f. A Past-President cannot be recalled. ARTICLE XII-PARLIAMENTARY AUTHORITY Robert's Rules of Order Newly Revised shall govern in all cases where they are applicable and where they are not inconsistent with these or State APSCUF Bylaws and any special rules of order adopted by this organization. ARTICLE XIII—AMENDMENTS Section 1. These Bylaws may be amended by the following two-stage process: (1)the President shall call an open meeting of APSCUF/SU members, held with 14-day prior notification,to discuss proposed Bylaws amendments. Recommendations for a written ballot on a proposed amendment require a two-thirds vote of the members voting at the open meeting; (2)recommended amendments will go before the full membership, with 14-day prior notification, for a vote by written ballot. An amendment is considered adopted if it is passed by two-thirds of the members voting by written ballot. Section 2. Amendments must be forwarded to the State APSCUF Rules and Bylaws Committee by June 1 of each year. 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Change #l�teTOrkiyeninGerpegi #AlgoMuyMio #Itibanm imSIFIRLADILAR #yo u to b e b l o c ke d i n to rke y [9 Expand 4+ Reply Ll Retweet '* Favorite ••• More #MeGustariaQue Miami nathangoates @nathangoates -22h London "@nprnews: Labor Board Rules Northwestern Players Are Employees Moreno n.pr/1 eQJzhO"Important stuff. I'm very happy about this. Office � View summary � 4+ Reply L3 Rehveet sir Favorite ••• More Go[de Perbet Retweeted bynathangoates = Graham Watson @grahamwatsonl0-Mar 26 @ 2014 Twitter About Help Terms Privacy That's wot I call a bike path! RT @vincentmrc: Flanders 3rd cycling region after Cookies Ads into Brand Blog Status DK/NL. New bicycle bridge in Bruges pic.twitter.com/MnXLElhwue Apps Jobs Advertise Businesses Media Developers Directory EXHIBIT https://tWtter.con�lnathangoates 1/4 3/27/2014 nathangoates(nathangoates)on Twitter Expand 14. Reply t4 Retweet * Favorite ••• Mare Retweeted by nathangoates AGernot Wagner @GemotWagner• Mar 25 This apparently is howthe Dutch PM arrived to meet Obama today —ib. pic.twitter.comNnUftloki L1 Expand Reply tz Retweet * Favorite ••• More Retweeted by nathangoates Service Course @SC_Cycling•Mar 25 Remember when we used to laugh at Belov from American Flyers as a ridiculous, improbable character?pic.twitter.com/GC9s5Cvm8j ira 1� 1 L7t Expand I ti Reply t"4 Retweet * Favorite ••• More nathangoates @nathangoates •Mar 25 Why are corporate trainers notoriously bad? And who wants to hire me to provide effective corporate training? Expand I 4% Reply tl Reriveet * Favorite ••• More Retweeted by nathangoates https:/AWtter.cominathang oates 2/4 3127/2014 nathangoates(nathangoates)on Twitter Aft y �L 9 R. 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Mare nathangoates @nathangoates • Mar 25 @veloclinic Well,one rider made a career of heroic against the odds antics, while the other made his of playing the odds to win.Toss up? *View conversation 4+ Reply tZ Retweet 7k Favorite ••• More Retweeted by nathangoates Rui Quinta @CarroVassoura• Mar 23 Fabian Cancellara's last 10 Monuments finished pic.twitter.com/pGjAUa77kd `: S, �I . z � Expand 4+ Reply tl Retweet * Fawrite ••• More https://tWtter.com/nathangoates 3/4 3127/2014 nathangoates(nathangoates)on Twitter Retweeted bynathangoates Cafe Roubaix @CafeRoubaix-Mar 23 Last 10 Monuments that Fabian Cancellara finished: 1/1/2/3/2/2/3/1/1/2. Expand I 4% Reply t'3 Retweet * Favorite ••• More nathangoates @nathangoates • Mar 22 Saturdays are for racing.Seven bikes;seven boys.Swagger Waggon rolling. faulkner_nissan_racing instagram.com/p/13Zt73MELO/ Expand I 4% Reply tZ Retweet * Favorite ••• More nathangoates @nathangoates - Mar22 Micah Engle in 4th at Morgantown Road Race.faulkner nissan_racing instagram.com/p/[2ysnOsEEk/ Expand I 4% Reply tl Retweet * Favorite ••• More € nathangoates @nathangoates • Mar9 The boys at the#eccc opener.#shipcycling instagram.com/p/IVDaz5sEMk/ Expand I 4% Reply V4 Retweet * Favorite ••• More nathangoates @nathangoates • Mar Drone attack at#grantstomb(look at the top of the photo). @paulbfrandsen @chrissielou instagram.com/p/ISKTXvsEK5/ Expand I 4+ Reply tl Retweet * Favorite ••. More nathangoates @nathangoates • Mar cyclingtips's photo instagram.com/p/IA9p8jpS7N/Riders ride.So awesome. Expand I 4% Reply t4 Retweet * Favorite ••• More nathangoates @nathangoates • Feb 25 @veloclinic Nonsensical euro blather.Why are the power and poetry of cycling mutually exclusive? *Mew conversation I 4, Reply tz Retweet * Favorite ••• Kbre nathangoates @nathangoates • Feb 23 RHR-South team ride.Woody Gap,GA.@roundhereracing instag ram.com/p/kxQZCVMECM/ Expand I 4% Reply tl Retweet * Favorite ••. More nathangoates @nathangoates • Feb 16 @BernieTweets @ilikesushi @GiroSportDesign @BicyclingMag Why doesn't Giro do this for @RoundHereRacing? Where's the love? View conversation I 4% Reply t'3 Retweet * Favorite ••• More https://twitter.cominathang pates 4/4 ASSOCIATION OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS STATE COLLEGE AND UNIVERSITY CUMBERLAND COUNTY, FACULTIES (APSCUF) , PENNSYLVANIA Plaintiff V. NO. STEVEN HAASE, NATHAN GOATES, CIVIL ACTION -EQUITY AND JOHN DOES AND JANE DOES, AND THE FACULTY FOR ADVOCACY, CONTRACT, TRANSPARENCY AND STRATEGY ("FACTS" ORGANIZATION), Defendants AFFIDAVIT OF MARY-RITA DUVALL I, Mary Rita Duvall, aware that this Affidavit may be used in the above-captioned lawsuit, hereby make the following statements: 1. I am an adult individual who is employed by the Association of Pennsylvania State College and University Faculties ("APSCUF"), Plaintiff in this matter, as Head of the Labor Relations Department. I am authorized by APSCUF to make this affidavit in support of its Motion for Special and Preliminary Injunction. 2. APSCUF is an employee organization under the Pennsylvania Public Employee Relations Act ("PERA"), 43 P.S. §§1101-101. et seq., that maintains its main office at 319 North Front Street, Harrisburg, Pennsylvania. 3. APSCUF is certified by the Pennsylvania Labor Relations Board as collective bargaining agent for about 5,500 faculty and 350 EXHIBIT Page 1 of 6 intercollegiate athletic coaches employed by the Pennsylvania State System of Higher Education ("PASSHE"). 4. I have been employed by APSCUF since July 2009. Among other things, my duties include answering questions about the collective bargaining agreement and local governance that come from officers of APSCUF's local chapters at each of the 14 state system universities that comprise the PASSHE. 5. As part of my job I have familiarized myself with all arbitration awards, Pennsylvania Labor Relations Board decisions and court decisions involving APSCUF that were issued both before and after I began my employment at APSCUF. 6. I believe and aver based on research into APSCUF's records, that in 2003, APSCUF's Executive Committee approved and adopted the use of the current logo which is the left side of a keystone-shaped outline transected by a torch. It is usually referred to as "the shining blue and red torch and shield." The logo also includes the acronym, "APSCUF" in large, all capital typeface and the text, "Association of Pennsylvania State College 8s University Faculties" appears below the acronym in smaller, all capital typeface. (A reproduction of the logo is attached to the Motion for Special and Preliminary Injunction Without Hearing as Exhibit). 7. After adopting the new logo in 2003, as APSCUF exhausted supplies bearing its prior logo, it ordered new supplies bearing the current logo. Page 2 of 6 I believe and aver that by 2005 all supplies were produced with the current logo. 8. 1 believe and aver that at all relevant times after 2005 and through the present, APSCUF has maintained exclusive use and ownership of its distinctive logo. 9. APSCUF uses its logo on all of its official communications including letterhead, envelopes, notepaper, posters, brochures, newsletters membership cards, web materials, t-shirts and other promotional items. 10. APSCUF's logo is universally known and recognized among APSCUF's members, as well as employees at PASSHE generally, as indicating that the contents of any publications, correspondence, letters, posters, business documents bearing APSCUF's logo are endorsed and sanctioned by APSCUF. 11. I believe and aver that since approximately December 13, 2013, and thereafter, Defendants, who are acting in conjunction with an unrecognized organization called "Faculty for Advocacy, Contract, Transparency and Strategy" ("FACTS"), has caused certain papers, posters, buttons and emails bearing the APSCUF logo to be published, created or otherwise distributed to the members of APSCUF's bargaining unit at Shippensburg University. 12. The FACTS organization's publications, which include circulars, posters, buttons emails and other materials, contain election-related messages and have been regularly distributed and/or posted for view by the Page 3 of 6 Shippensburg University community, including the members of APSCUF's bargaining units at Shippensburg University. 13. Many of the FACTS organization's publications displayed the APSCUF logo in conjunction with or alongside the FACTS organization's acronym. 14. Neither the Defendants as individuals nor the FACTS organization as an entity or any individuals acting in conjunction or affiliated with the FACTS organization has been authorized to reproduce or use the APSCUF logo on any of its publications. 15. The FACTS organization also published materials, that endorsed a specific slate of candidates; among them Defendant Haase and Defendant Goates who are both seeking election as APSCUF officers. 16. APSCUF does not endorse candidates for election to is university chapter offices but rather, maintains strict neutrality. 17. Defendants produced said publications to express points of view not approved, sanctioned or endorsed by APSCUF. I believe and therefore aver, that Defendants' use of the APSCUF logo on their campaign materials is for the purpose of influencing the outcome of the election of local APSCUF officers by implying that they are endorsed or otherwise supported by APSCUF. 18. Election for officers was scheduled to begin at Shippensburg University on March 25, and end on March 26, 2014. 19. APSCUF has an irrefutable interest in maintaining its reputation for treating its members fairly, promoting fair elections of its officers Page 4 of 6 and not endorsing or being perceived as endorsing any candidates seeking election to university chapter offices or exercising any influence over a local elections or the votes of its members. 20. The misappropriated use of the APSCUF logo is confusing and misleading. 21. I believe and aver that requests made by APSCUF through its president and legal counsel to cease and desist from the use of the APSCUF logo, have been ignored. None of the unauthorized posters, buttons or other publications bearing the APSCUF logo have been taken down or rescinded by Defendants or the FACTS organization in advance of the election when the voting began on March 25, 2014. 22. I believe and aver that the confusion and misleading messages published by the FACTS organization and APSCUF's objections thereto caused the local APSCUF Nominations and Elections Committee to declare the March 25-26, 2014 election for local officers void, in part because the integrity of the voting process of electing APSCUF officers had been compromised. 23. I believe and aver that local elections have been rescheduled to take place April 8-9, 2014. 24. I believe and aver that Defendants' continuous and ongoing unauthorized use of APSCUF's logo if not enjoined will cause further confusion and/or is reasonably likely to result in the belief that APSCUF has endorsed certain candidates. Page 5 of 6 25. I believe and aver that Defendants' continuous and ongoing unauthorized use of APSCUF's logo, if not enjoined, is going to influence or is reasonably likely to influence the outcome of the election of local officials. 26. 1 believe and aver that Defendants' unauthorized use of APSCUF's logo on its materials if not immediately enjoined in advance of the rescheduled April 8-9, 2014 election, will compromise the integrity of the new election and will cause great immediate and irreparable injury which cannot be compensated by damages. I, Mary Rita Duvall, certify that the statements made in the foregoing Affidavit are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: March 28, 2014 \Mkry Rita Duvall Page 6 of 6 +�3 I {,,,, N a James L. Cowden, Esq. Jennifer A. Nachamkin, Esq. Strokoff& Cowden, P.C. 132 State Street Harrisburg, PA 17101 (717) 233-5353 j lc(ub strokoffandcowden.com jan n,strokoffandcowden.com ASSOCIATION OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS STATE COLLEGE AND UNIVERSITY CUMBERLAND COUNTY, FACULTIES (APSCUF) , PENNSYLVANIA Plaintiff V. NO. l Lt - i S 9 o STEVEN HAASE, NATHAN GOATES, CIVIL ACTION -EQUITY AND JOHN DOES AND JANE DOES, AND THE FACULTY FOR ADVOCACY, CONTRACT, TRANSPARENCY AND STRATEGY ("FACTS" ORGANIZATION), Defendants MOTION FOR SPECIAL AND PRELIMINARY INJUNCTION WITHOUT HEARING Plaintiff, Association of Pennsylvania State College and University Faculties ("APSCUF"), by its attorneys, Strokoff& Cowden, respectfully moves this Honorable Court to grant special and preliminary injunctive relief pursuant to under Rule 1531 of the Pennsylvania Rules of Civil Procedure on the following grounds: 1. Plaintiff, Association of Pennsylvania State College and University Faculties ("APSCUF"), is an employee organization under the 1 Pennsylvania Public Employee Relations Act ("PERA"), 43 P.S. §§1101-101. et seq., that maintains its main office at 319 North Front Street, Harrisburg, Pennsylvania. 2. APSCUF is certified by the Pennsylvania Labor Relations Board as collective bargaining agent for about 5,500 faculty and 350 intercollegiate athletic coaches employed at each of the 14 universities that comprise the Pennsylvania State System of Higher Education ("PASSHE"). Shippensburg University is one of the 14 PASSHE universities whose faculty and coaches are represented by APSCUF. 3. Under APSCUF's By-laws each PASSHE university has an APSCUF chapter that elects its own officers and elects delegates to the state APSCUF organization, which operates APSCUF. 4. Defendant, Steven Haase, is an adult individual with an address of 40 North Earl Street, Shippensburg, Cumberland County, Pennsylvania. Defendant Haase is a faculty member at Shippensburg University. 5. Defendant, Nathan Goates, is an adult individual with a business address of Grove Hall 223, Shippensburg University, Shippensburg, Cumberland County, Pennsylvania. Defendant Goates is a faculty member at Shippensburg University. 6. Defendants, John/Jane Does, are unknown individuals directing and/or maintaining an unrecognized ad hoc organization at 2 Shippensburg University named Faculty for Advocacy, Contract, Transparency and Strategy (hereinafter "FACTS organization"). 7. It is believed therefore averred that Defendant Haase and Defendant Goates are leaders and/or members of the FACTS organization. 8. Contemporaneously with the filing of this Motion, Plaintiff filed a Complaint seeking permanent injunction against Defendants' unauthorized use of the APSCUF logo. The averrals of the Complaint are hereby incorporated herein by reference. 9. APSCUF exercises general supervisory authority over local APSCUF chapters located at each of the 14 State System universities, including the local APSCUF chapter at Shippensburg University, where the instant matter arose. 10. Each local APSCUF chapter conducts elections for local level officers in accordance with the local chapter bylaws. (The Shippensburg University Chapter Bylaws are attached hereto as Exhibit A). 11. Election for officers was scheduled to be held on March 25 and March 26, 2014. 12. APSCUF has an irrefutable interest in maintaining its reputation for treating its members fairly, promoting fair elections of its officers and not endorsing or being perceived as endorsing any candidates seeking election to its local chapter offices level or exercising any influence over such local elections or the votes of its members. 3 Y 13. Beginning in 2003 and at all times after 2005, APSCUF has maintained the exclusive use and ownership of a distinctive trademark, which is the left side of a keystone-shaped outline transected by a torch. The trademark also includes the acronym, "APSCUF" in large, all capital typeface and the text, "Association of Pennsylvania State College & University Faculties" appears below the acronym in smaller, all capital typeface. (A reproduction of the logo is attached hereto as Exhibit B). 14. APSCUF's trademark is a valid, unregistered trademark owned by APSCUF and legally entitled to protection from unauthorized use or infringement. 15. APSCUF uses its trademark on all of its official communications including letterhead, envelopes, notepaper, posters, brochures, newsletters membership cards, web materials, t-shirts and other promotional items. 16. APSCUF's trademark is universally known and recognized within and among its members as well as all employees at PASSHE as indicating that the contents of any publications, correspondence, letters, posters, and all other business documents bearing APSCUF's trademark are endorsements of and/or are endorsed and sanctioned by Plaintiff, APSCUF. 17. Plaintiff believes, and therefore avers, that Defendants, with knowledge of APSCUF's aforementioned exclusive use and ownership of its trademark, and with intent to influence or deceive members of the bargaining units, have been producing or have been causing the production and 4 distribution of newsletters, posters, buttons and other election-related materials using the APSCUF trademark which appear on publications of the FACTS organization. See examples attached hereto as Exhibit C.) 18. The aforementioned publications of the FACTS organization are being published to the Shippensburg University bargaining unit members via the internet and widely circulated on the university campus. 19. Plaintiff believes, and therefore avers, that Defendants' production and distribution of said publications was undertaken without permission to express points of view not approved, sanctioned or endorsed by APSCUF to influence the outcome of the local election. 20. Neither the Defendants as individuals nor the FACTS organization as an entity or any individuals acting in conjunction or affiliated with the FACTS organization have authorization from APSCUF to reproduce or use the APSCUF trademark on any of its publications. 21. APSCUF has asked Defendants to cease using the APSCUF trademark on their campaign materials, but such requests have been ignored. 22. None of the posters, buttons or other publications bearing the APSCUF trademark were taken down or rescinded by Defendants and/or by the FACTS organization. 23. Defendant Haase is seeking election as the president of the local chapter and Defendant Goates is seeking election as the treasurer. 24. The slate of candidates endorsed by the FACTS organization includes Defendant Haase and Defendant Goates. 5 25. It is believed and averred that Defendants Haase and Goates, in conjunction with the FACTS organization, published materials endorsing a specific slate of candidates that included themselves and others who are seeking election as officers of the APSCUF/SU chapter. 26. Defendant Goates has posted a button bearing both the "FACTS" insignia and the APSCUF trademark outside his office door. He posted a photograph thereof on his internet "Twitter" account on or about March 27, 2014. (Defendant Goates'Twitter photograph is attached hereto as Exhibit D). 27. APSCUF expressly condemns the attempt of Defendants to "pass off' the expressions and opinions made by the FACTS organization as expressions belonging to or made by APSCUF through the misappropriation of its official trademark. 28. APSCUF has not and does not endorse any candidates for election to its university chapter offices. 29. Defendants' use of APSCUF's trademark has caused or is reasonably likely to result in confusion and a misperception that APSCUF has endorsed certain candidates for election by the Shippensburg University APSCUF Chapter. 30. Defendants' continued unauthorized use of APSCUF's trademark has influenced or is reasonably likely to influence the outcome of the election at the Shippensburg University APSCUF Chapter. 6 31. Because of the confusion caused by the misuse of the APSCUF logo by Defendants and/or the FACTS organization, the APSCUF/SU elections committee invalidated an election scheduled on March 25-26 and rescheduled it to take place on April 8-9. 32. The affidavit of Mary Rita Duvall executed in support of Plaintiff's Motion is attached hereto as Exhibit E. 33. Defendants' continuous and ongoing unauthorized use of APSCUF's trademark caused or is reasonably likely to result in the belief that APSCUF has endorsed certain candidates for the election at the local level. 34. Defendants' continuous and ongoing unauthorized use of APSCUF's trademark has influenced and if not enjoined is reasonably likely to influence the outcome of the election rescheduled for April 8-9, 2014. 35. Defendants' unauthorized use of APSCUF's trademark on its materials if not immediately enjoined will compromise the election scheduled to take place April 8-9, 2014 and will cause great immediate and irreparable injury which cannot be compensated by damages. 36. Greater injury will occur to APSCUF's interest by refusing to grant relief enjoining Defendants' continuous and ongoing unauthorized use of the APSCUF trademark than by granting it. 37. Plaintiff's right to the exclusive use of its trademark is clear and Defendants' continuous and ongoing unauthorized use of the APSCUF trademark is manifestly wrong and the relief sought is reasonably suited to abate the harm. 7 38. Defendants will not suffer any harm if the special and preliminary injunctions are granted. 39. No prior application to this Court for such relief or similar relief has been made by Plaintiff. WHEREFORE, the Plaintiff, APSCUF, respectfully requests that this Honorable Court issue a special injunction without hearing, based on the affidavits attached hereto, and a preliminary injunction after hearing, and thereafter until further Order of this Court, to: (a) enjoin Defendants and from the unauthorized use of the APSCUF trademark on documents, posters, letters and all other publications for the use of influencing a local election; (b) set a hearing date to determine why a permanent injunction should not be ordered enjoining Defendants, and those acting in concert with them, from the acts described in (a) above; and (c) grant such other equitable relief as the Court may deem just and proper. Respectfully submitted, STROKOFF 8s COWDEN, P.C. By: am L. owden ( D. 0. 20082 `'�. ennifer A. Nachamkin I.D. No. 200931 Date: 3/31/ 14 132 State Street Harrisburg, PA 17101 (717) 233-5353 Attorneys for Plaintiff Association of Pennsylvania State College and University Faculties ("APSCUF") 8 VERIFICATION I, STEPHEN J. HICKS, certify that I am President of the Association of Pennsylvania State College and University Faculties ("APSCUF"), and that I am authorized by APSCUF to verify the foregoing document. I certify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Stephen J. Hicks Date: 3/28/14 Shippensburg University Chapter APSCUF Faculty and Coach Bylaws E,eR Bylaws Association of Pennsylvania State College and University Faculties Shippensbum University Chapter TABLE OF CONTENTS Page Article I: Name 2 II: Purpose 2 III: Relationship to State APSCUF 2 IV: Membership&Dues 3 V: Representative Council 4 VI: Officers 5 VII: Delegates to APSCUF Legislative Assembly 7 VIII: Meet&Discuss 8 IX: Executive Committee 9 X: Committees 9 Section 2: Grievance 10 Section 3: Legislative 10 Section 4: Membership 10 Section 5:Nominations&Elections 11 Section 6: Gender Issues and Social Justice 11 Section 7:Negotiations 11 Section 8: APSCUF/SU Planning &Budget 11 Section 9: Public Relations 12 Section 10: Health and Welfare Specialist 12 Section 11: Student Affairs Representative 12 Section 12: Mobilization Committee 12 XI: Elections 13 Vacancies 14 Voting 14 Recall 14 XII: Parliamentary Authority 15 XIII: Amendments 15 1 ARTICLE I-NAME The name of this organization is the Shippensburg University Chapter of the Association of Pennsylvania State College and University Faculties, herein called APSCUF/SU. ARTICLE II-PURPOSE Section 1. To promote and maintain among the Faculty and Coaches at Shippensburg University the highest professional standards and ethics in order to better serve the students of Shippensburg University. Section 2. To act as the exclusive representative for all members of the bargaining unit in implementing any collective bargaining agreement with the Commonwealth of Pennsylvania or with the local administration of the University under the provisions of Act 195 and to operate as the local representative of State APSCUF. Section 3. To promote effective Faculty and Coaches participation in the governance of Shippensburg University and to encourage active Faculty and Coaches engagement in the solution of problems common to the universities of the State System of Higher Education. Section 4. To aid in retaining and attracting highly qualified Faculty and Coaches by improving salaries,tenure,promotions, sabbaticals,health benefits, retirement benefits, and other conditions of employment that may be appropriate. Section 5. To cooperate with community organizations and civic bodies having worthy educational objectives,and to aid in interpreting to the public the problems and functions of public higher education. Section 6. To encourage Faculty members and Coaches to exercise their Constitutional rights and privileges and to assume appropriate leadership responsibilities in civic affairs. Section 7. To keep local members informed of activities at the local and state levels. ARTICLE III-RELATIONSHIP TO STATE APSCUF Section 1. APSCUF/SU is a local chapter of APSCUF. 2 Section 2. State APSCUF Executive Council shall have general supervisory authority over chapters,their officers and affairs, and the right to act on behalf of or in the place of a chapter or chapter officer. Section 3. The authority of the State APSCUF Bylaws and the State APSCUF Executive Council over the local chapter is set forth in ARTICLE XII- Local Chapters of State APSCUF Bylaws. ARTICLE IV-MEMBERSHIP AND DUES Section 1. Members of the bargaining unit existent on October 6, 1971 or as revised by the Pennsylvania Labor Relations Board or members of subsequently formed bargaining units are eligible for Active Membership. Dues for Active Members are determined by action of the State APSCUF Legislative Assembly and ratification by a majority vote of the Active Members casting ballots. Dues will be collected in a manner stipulated by the Collective Bargaining Agreement and the State APSCUF Legislative Assembly. All SU faculty and coaches who are APSCUF members are members of APSCUF/SU. Section 2. Membership Rights Active Members are eligible to run for office, serve on committees, and vote in elections and meetings of the membership. Section 3. Acting Managers Acting Managers who are APSCUF members continue to pay dues on their salary excluding any administrative increment. Acting Managers are not eligible to run for office, serve as faculty representatives on committees, or participate or vote in department meetings or elections, as per Article 7.F.4.d of the CBA. Section 4. Retrenched Members Active Members of APSCUF who have been retrenched continue active membership in APSCUF while on the preferential hiring list. Dues will be determined by the State APSCUF Legislative Assembly. Section 5. Membership Meetings a. Meetings of the members shall be convened by the President or upon written petition to the President from ten percent or more of the members. b. The President shall inform the membership of the time and place of the meeting. c. The members present shall constitute a quorum. 3 ARTICLE V-REPRESENTATIVE COUNCIL Section 1. Membership The Representative Council shall be composed of the APSCUF/SU Executive Committee and delegates elected by and from the APSCUF members of each academic department and the coaches' bargaining unit. Section 2. Composition Each academic department with 10 or fewer APSCUF members shall be entitled to elect one delegate to the Council. Departments with more than 10 APSCUF members and the coaches' bargaining unit shall be entitled to elect two delegates. The number of delegates each department is entitled to shall be based on the active membership it has on February 1 of each year. The APSCUF/SU Membership Chairperson shall verify the number of delegates for each department and present the list to the Executive Committee by March 1. Section 3. Election a. Members of the Council shall be elected by and from the APSCUF members in each academic department or coaches' bargaining unit before April 15. The term of office for all delegates shall be two years. Departments entitled to two delegates shall elect one delegate each year. b. Alternate delegates for each academic department shall be elected at the same time as regular delegates. Alternates shall have all the rights and responsibilities of a delegate for the meeting at which they serve as alternates. c. Only duly elected delegates or their alternates and APSCUF/SU Executive Committee members shall be seated as voting members of the Council. A list of duly elected delegates and alternates shall be provided by the academic Department Chairpersons to the Secretary of APSCUF/SU by April 15. The Secretary shall certify all delegates and alternates prior to the beginning of each Council meeting. d. A departmental delegate vacancy shall be filled by a special election at a regular meeting of the department. Section 4. Functions The functions of the Council shall be to advise the APSCUF/SU President and Executive Committee regarding concerns and issues of the Faculty and Coaches and to ratify the APSCUF/SU budget. Section 5. Responsibilities Delegates to the Representative Council shall be responsible for communicating to the Council issues and concerns of APSCUF members in each academic department and of the coaches and reporting activities of the Council to their academic departments and the coaches. Section 6. Meetings A quorum of the Council shall consist of a majority of elected delegates. a. Regular meetings of the Representative Council shall be held according to a schedule determined by the Council and/or the APSCUF/SU President. The Council shall meet at least once each semester. 4 b. Special meetings shall be called by the President,the Executive Committee, or upon petition from at least 50% of Council or ten percent of the APSCUF/SU membership. c.Notice of each meeting shall be announced at least one week before the meeting. d. The President or designee shall chair the meetings of the Representative Council. ARTICLE VI- OFFICERS Section 1. Composition of Officers The Officers of APSCUF/SU shall consist of a President, Vice President,Immediate Past President, Secretary, and Treasurer. All Officers are members of the APSCUF/SU Executive Committee and Representative Council. Section 2. Terms of and Qualifications for Office a. The following offices have two-year terms: President, Vice President, Secretary, and Treasurer. The initial term of service for each office shall begin May 15 immediately following election. The Immediate Past President will serve one two-year term,which shall not be extended, following his/her term as President. b. To be a candidate for the office of APSCUF/SU President, an individual must have been a member in good standing of APSCUF for a minimum of five years and have been a member of the Executive Committee for at least two years in the previous six-year period. Section 3. President The President shall: a. preside at all meetings of the Executive Committee, Representative Council, membership and all-campus Faculty and coaches meetings; b. appoint, in consultation with the Executive Committee, members to committees not otherwise provided for in the Bylaws; c. unless otherwise stated, be an ex-officio member of all APSCUF/SU committees; d. prepare the Agenda for meetings of the Executive Committee,Representative Council, membership and Faculty and coaches meetings; e. administer, in conjunction with the Treasurer,the budget established by the Executive Committee and ratified by the Representative Council; f. represent APSCUF/SU and SU Faculty and Coaches before the public as appropriate; g. serve as a member of the University Forum and its Executive Committee; h. convene the organizational meeting of the Professional Affairs Committee; 5 i. be a delegate to the State APSCUF Legislative Assembly and function as the head of the SU delegation; j. serve as APSCUF/SU Negotiations Chairperson and member of the State APSCUF Negotiations Committee; k. if appropriate, appoint for a two-year term a member to serve on the Shippensburg University Foundation Board. This appointment shall be ratified by APSCUF members voting during the annual election. If for any reason the appointed member cannot complete the term,the President shall appoint another member to fill the unexpired term. 1. oversee the work of the chapter's office personnel; m. appoint an annual Audit Committee to verify the financial records of the Treasurer and to file the annual State Audit Report; The President shall consult regularly with the Executive Committee in the implementation of the above duties and responsibilities. The President is ultimately responsible for the duties listed above, although specific responsibilities may be designated to other appropriate members of the organization. Section 4. Vice President The Vice President shall: a. captain the Meet and Discuss Team and report to the Faculty and coaches following each meeting; b.. assume all duties of the President in case of absence or disability of the President, and serve as the President's designee at the request of the President; c. serve as a delegate to the APSCUF Legislative Assembly. Section 5. Secretary The Secretary shall keep a record of the minutes of all Executive Committee, Representative Council, membership and all-campus Faculty and Coaches' meetings. During the absence of the Secretary, another member of the Executive Committee shall be appointed by the President to keep the record. Section 6. Treasurer The Treasurer shall be responsible for all financial matters of APSCUF/SU, subject to policy established by the Executive Committee or State APSCUF. These duties shall include: a. paying bills promptly and depositing income to the APSCUF/SU account; b. keeping accurate records of financial matters and presenting regular reports to the Executive Committee; c. cooperating with the annual Audit Committee; d. assisting the President in preparing an annual projected budget. 6 Section 7. Immediate Past President The Immediate Past President shall: a. represent APSCUF/SU at meetings of the SU Council of Trustees; b. preside at membership meetings in cases of recall action. c.—serve as a member of the University Planning&Budget Council and is a voting member of the Executive Committee d. If the Immediate past President retires or resigns from the University or goes on leave before the end of the two-year term, his/her duties will be assigned by the President, in consultation with the Executive Committee. Section 8. Restrictions on Officers Officers shall not serve on any contractually mandated committee: Promotion, Tenure, Sabbatical Leave, or Curriculum Committee. Section 9. Confidentiality of Officers Officers shall not discuss specific details beyond the bargaining unit nor release information publicly regarding individual grievances, arbitrations, or cases in litigation filed or pursued by individuals until the issue is concluded or released for publication by State APSCUF Executive Council. Section 10. Public Statements by Officers Officers shall insure that any public statements differing from State APSCUF policies or positions are not presented as positions of State APSCUF. ARTICLE VII-DELEGATES TO APSCUF LEGISLATIVE ASSEMBLY Section 1. Delegate Entitlement The State APSCUF Legislative Assembly is the governing body of APSCUF, an assembly composed of faculty and coaches' delegates. Each local chapter is entitled to one faculty delegate to the Assembly for each 50 members, or major portion thereof, in the local chapter. Each local shall also be entitled to elect one coaches' delegate and one alternate delegate; however,the coaches shall be entitled to only one voting delegate for each 50 coaches across all campuses. Section 2. Delegate Obligations Delegates represent APSCUF/SU at meetings of the Assembly and are members of the APSCUF/SU Executive Committee. At-large Delegates also serve as members of the local Negotiations Committee. The term of office for At-large Delegates is two years. 7 Section 3. Local President&Vice President By virtue of his/her office,the APSCUF/SU President shall be a delegate and head of the chapter's delegation. The Vice President shall also be a delegate. Section 4. Vacancies in Delegation If a vacancy occurs with at least 14 months left in the term, an election shall be held to fill the vacancy at the next regular election. If a vacancy occurs with fewer than 14 months left in the term, the President shall appoint an alternate who is willing to complete the unexpired term of the former delegate. Section 5. Alternate Delegates In addition to the one faculty delegate for each 50 faculty in the bargaining unit, the faculty will elect an Alternate Delegate to the Legislative Assembly. Elected members of the Executive Committee who are not delegates to the State APSCUF Legislative Assembly shall be alternate delegates to the State APSCUF Legislative Assembly if needed. ARTICLE VIII-MEET AND DISCUSS Section 1. Membership The Meet and Discuss Team shall consist of the Vice President and five elected members, four faculty, and one coaches' representative. Section 2. Duties The duties of the Meet and Discuss Team shall include: a. meeting monthly with the University President or designee for the purpose of discussing matters of educational policy and development as well as matters regarding the Collective Bargaining Agreement; b. reporting to the Executive Committee and the Representative Council concerns reflected at these meetings; c. carrying out the directions of the Executive Committee. Section 3. Executive Committee Membership Meet and Discuss Team Members are elected members of the APSCUF/SU Executive Committee. Section 4. Term of Service The term of service of Team Members shall be two years commencing May 15. Two of the Members shall be elected in even-numbered years and the other two in odd-numbered years. 8 Section 5. Vacancies If a vacancy occurs in the position of a Team Member and there are at least fourteen months left in the term, an election shall be held to fill the vacancy at the next regular election. If a vacancy occurs later, the President shall appoint another member to fill the unexpired term. ARTICLE IX-EXECUTIVE COMMITTEE Section 1. Membership The Executive Committee shall consist of the following voting members: the officers, committee chairpersons elected by the APSCUF/SU membership (Legislative and Planning and Budget), At-Large Delegates to the State APSCUF Legislative Assembly,the Meet and Discuss Team,the Grievance Committee Chairperson,and the Gender Issues Chairperson. The Membership Chairperson, the Health& Welfare Specialist, the Student Affairs Representative and the Public Relations Committee Chairperson shall be non-voting members of the Executive Committee. Section 2. Duties a. The Executive Committee shall see that the policies and instructions of State APSCUF are carried out. b. The Committee shall advise the APSCUF/SU President concerning the implementation of programs and execution of its decisions. Section 3. Overturning_Presidential Appointments A two-thirds vote of the Committee shall be required to overturn any presidential appointment. Section 4. Meetings a. Regular meetings of the Executive Committee shall be held at least once a month during the academic year. b. The President or designee shall call and chair all meetings. c. One-half of the Executive Committee members shall constitute a quorum. ARTICLE X- COMMITTEES Section 1. Standing Committees a. Standing committees are those committees specifically mentioned in these Bylaws. b. All standing committees and committees appointed by the President are bodies of the organization and their actions are subject to the authority of the Representative Council, Executive Committee, and membership. c. No committee may incur any expense without the prior approval of the President or his/her designee. 9 d. Unless otherwise specified in the Bylaws,the President shall appoint each chairperson subject to ratification by the Executive Committee. Terms of office shall be two years with no mandatory limit on terms of service. e. Chairpersons of Standing Committees shall have the right to place items on the agenda of meetings of the Executive Committee and of the Representative Council. f. Unless stated otherwise in the Bylaws,the President may appoint members to each committee. g. Chairpersons of committees having a statewide APSCUF committee shall represent APSCUF/SU at meetings of that committee and report to the membership and Executive Committee on the actions of the committee. h. Chairpersons shall call committee meetings as needed. Section 2. Grievance Committee The Grievance Committee shall: a. consist of the chairperson, appointed by the President in consultation with the Executive Committee,and as many members as the chair deems necessary; however, the local Grievance Committee should include one coaches' representative. b. be responsible for processing grievances according to the terms and conditions of the faculty and coaches' Collective Bargaining Agreements and the State APSCUF Grievance Committee. c. The chairperson shall be a voting member of the Executive Committee. d. The chairperson of the Grievance Committee shall not serve on any contractually mandated committee: Promotion,Tenure, Sabbatical Leave, or Curriculum Committee. Section 3. Legislative Committee a. The Legislative Committee shall consist of the elected chairperson and as many members as the chair deems necessary. b. The chairperson or his/her designee shall attend the meetings of the State APSCUF Legislative Committee and keep the Executive Committee and members informed of all relevant legislation. Section 4. Membership a. The Membership Committee shall consist of the appointed chairperson and as many members as the chair deems necessary. b. The committee shall be responsible for maintaining accurate membership records and recruiting new members. c. The chairperson of the Membership Committee shall be a nonvoting member of the Executive Committee and a member of the State APSCUF Membership Committee. 10 d. The chairperson shall present to the Executive Committee before March 1 each year a list of the number of delegates each academic department may elect to the Representative Council. Section 5. Nominations and Elections Committee a. At a meeting prior to February 1 of each year,the Representative Council shall elect one member from each college and the coaches' bargaining unit to a Nominations and Elections Committee. The committee shall elect its own chair. b. The Committee shall present a slate of two or more nominees, when possible, for each APSCUF/SU office to the Representative Council at its meeting prior to April. The Committee shall accept nominations from the floor of the Representative Council and shall implement and administer the election of APSCUF/SU offices and University governance offices before April 15 each year. c. The Committee shall be responsible for insuring that all necessary arrangements are made for conducting and reporting elections as described in Article XI. d. The Committee shall be responsible for administering, certifying, and reporting voting procedures and results in regular and recall elections. e. The Committee shall report to the State APSCUF Office the date of APSCUF/SU elections and the total votes cast for each candidate. Section 6. Gender Issues and Social Justice Committee a. There shall be a Gender Issues Committee in accordance with State APSCUF Bylaws. b. The chairperson shall be elected by majority vote of the Gender Issues and Social Justice Committee and will serve as a member of the State APSCUF Gender Issues and Social Justice Committee and attend its meetings. The Chairperson shall be a voting member of the Executive Committee. c. The President shall, with ratification by Executive Committee, appoint members to the Committee. Section 7. Negotiations Committee a. The Negotiations Committee shall consist of the President or his/her designee,the Vice President,and the At- Large Delegates to the Legislative Assembly, including the coaches' delegates. b. The duties of the local Negotiations Committee shall be to consult with local members,the APSCUF/SU Executive Committee, and Representative Council to identify negotiable issues of concern. c. During contract negotiations,the Committee shall also work with the APSCUF/SU President to facilitate communications with and coordinate actions of the local membership. Section 8. APSCUF/SU Planniniz and Budizet Committee a. The APSCUF/SU Planning and Budget Committee shall consist of the chairperson who is elected by the Faculty in the spring regular elections and as many members as the chair deems necessary. 11 b. The Planning and Budget Committee shall analyze the university budget and budget procedures and provide information to the Executive Committee;the chairperson serves on the University Planning and Budget Council and is a voting member of the Executive Committee. Section 9. Public Relations Committee The Public Relations Committee shall: a. Consist of the chairperson, appointed by the President in consultation with the Executive Committee, and as many members as the chair deems necessary. 1. The chairperson shall be editor of the APSCUF/SU newsletter and shall be responsible for publishing at least ten issues each year. 2. The chairperson shall be a nonvoting member of the Executive Committee. b. The Public Relations Committee will coordinate public relations for APSCUF/SU with university personnel, students, and public media. Section 10. Health& Welfare Specialist a. The Health& Welfare Specialist shall be appointed by the President in consultation with the Executive Committee. b. The Health &Welfare Specialist will be responsible for assisting APSCUF members with questions and/or problems concerning employer paid health benefit packages, as well as questions and/or problems dealing with the PA Faculty Health&Welfare Fund. c. The Health and Welfare Specialist shall be a member of the State APSCUF Health and Welfare Committee and a nonvoting member of the Executive Committee. Section 11. Student Affairs Representative a. The Student Affairs Representative shall be appointed by the President,with ratification by the Executive Committee,to maintain contact with and report to the Executive Committee on activities of the student government. b. The Student Affairs Representative shall be a member of the University Student Affairs Committee and a nonvoting member of the Executive Committee. Section 12. Mobilization Committee a. The Mobilization Committee chair shall be appointed by the President, with ratification by the Executive Committee. b. The Mobilization Committee chair shall be a member of the State-wide Mobilization Committee. c. The Mobilization Committee chair shall be a nonvoting member of the APSCUF/SU Executive Committee. d. The committee shall be responsible for 1) organizing, educating, and mobilizing faculty for job actions, 2) communication and coordination during a job action, 3) ongoing gathering and maintenance of the current strike manual, and 4) outreach to other unions and organizations. 12 ARTICLE XI-ELECTIONS Section 1. Conduct of Elections APSCUF/SU shall conduct elections for its officers and elected committee chairpersons, all Faculty and Coaches positions on the University Forum, Curriculum Committee, Graduate Council, Promotions, Sabbatical Leave, and Tenure Committee, and all other elected Faculty and Coach university-wide committee representatives. Section 2. Timetable for Nominations By February 15 the Nominations and Elections Committee shall announce all offices that will be vacant the following May 15 or August 31. Section 3. Acceptance of Nominations The Nominations and Elections Committee shall accept nominations for APSCUF/SU offices from any member and from the floor of the Representative Council. Section 4. Announcement of Elections Prior to the election the Nominations and Elections Committee shall announce the dates, hours, and location of the election. In addition the Committee shall announce the names of those who have agreed to be nominated for the various APSCUF/SU and University governance offices and committees. Section 5. Separation of Ballots Separate ballots shall be prepared for APSCUF/SU elections and non-APSCUF elections. Section 6. Authentication of Voters An up-to-date list of members and non-members shall be available at the election site and Faculty and Coaches shall be required to sign their initials next to their name. Section 7. Absentee Ballots Absentee ballots shall be made available for eligible voters who will not be on campus during the election period. The availability of such ballots shall be announced at least two weeks prior to the election. Section 8. Determination of Election A plurality of votes cast shall be necessary for election. Should there be a tie vote among candidates with the highest number of ballots, a runoff election among those tied shall be held to determine plurality. Section 9. Terms of Office a. The term of office for President and Vice President is two years beginning May 15. Elections for these offices will normally be held in even-numbered years. 13 b. The term of office for the following is two years: Secretary,Treasurer, At-Large Delegate to the Legislative Assembly, Meet and Discuss Team Member, Delegate to the Representative Council, Legislative Chairperson, Planning&Budget Committee Chairperson.Approximately one-half of the Meet and Discuss Team,At-Large Legislative Assembly Delegates, and Representative Council Delegates shall be elected in even-numbered years and the remainder in odd-numbered years. The other officers listed above will normally be elected in odd- numbered years. The term of office for all APSCUF/SU service shall begin on May 15 of the year elected, but terms of At-Large Legislative Assembly Delegates shall begin on August 31 of the year elected. c. The term of office for the Immediate Past President is for two years. It shall begin May 15 after the completion of term as President. The immediate Past President shall serve one two-year term. d. The term of office for University Forum, Graduate Council, Curriculum, Promotions, Sabbatical and Tenure Committees is two-years as described in the governance document. Section 10. Vacancies a. If a vacancy occurs in the Office of President,the Vice President shall succeed to that office for the unexpired portion of the term. b. If a vacancy occurs in the office of Vice President, a special election shall be held within sixty days to elect a successor for the unexpired portion of the term. c. Vacancies on the University-wide Promotion Committee will be filled by the candidate receiving the next highest number of votes in that division, or by special election, if necessary (in accordance with the Promotion Policy Guidelines, approved in October 2005). If a vacancy occurs in any other elected position with at least 14 months left in the term, an election shall be held to fill the vacancy at the next regular election. If a vacancy occurs in any other elected position with fewer than 14 months left in the term, the position shall be filled by appointment of the President and ratification of the Representative Council. Section 11. Voting Procedures Voting shall be by written ballot and shall be scheduled for two consecutive days for at least six hours each day at a convenient location. Absentee ballots shall be provided by, administered by and returned to the Nominations and Elections Committee. Section 12. Recall a. Any elected official shall be subject to recall from office upon presentation to the Immediate Past-President (the official who last served as President) of a petition requesting such, signed by 20%or more of the membership. The petition shall be reviewed for validity by the Executive Committee and the accused shall be notified of the charges. The Executive Committee shall schedule a membership meeting to discuss the petition and announce voting on the recall at least 28 days following the notification to the accused. The accused must be given the opportunity to respond to the charges during that membership meeting. b. The Executive Committee may, on its own motion,passed by two-thirds of voting members of the Committee, schedule a vote on recall of any elected official. The elected official may choose to include a written statement refuting the charges. This statement shall be included with the recall vote ballot; and the balloting shall be conducted in the same manner as elections and be administered by the Nominations and Elections Committee. 14 c. The Past-President shall preside at the membership meeting. d. If two-thirds plus one of those voting vote to recall,the official is removed from office. e. The Past-President shall certify and report the results to the membership. f. A Past-President cannot be recalled. ARTICLE XII-PARLIAMENTARY AUTHORITY Robert's Rules of Order Newly Revised shall govern in all cases where they are applicable and where they are not inconsistent with these or State APSCUF Bylaws and any special rules of order adopted by this organization. ARTICLE XHI—AMENDMENTS Section 1. These Bylaws may be amended by the following two-stage process: (1)the President shall call an open meeting of APSCUF/SU members, held with 14-day prior notification, to discuss proposed Bylaws amendments. Recommendations for a written ballot on a proposed amendment require a two-thirds vote of the members voting at the open meeting; (2)recommended amendments will go before the full membership,with 14-day prior notification, for a vote by written ballot. An amendment is considered adopted if it is passed by two-thirds of the members voting by written ballot. Section 2. Amendments must be forwarded to the State APSCUF Rules and Bylaws Committee by June 1 of each year. 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Follow Sign up nathangoates @nathangoates •4h Dr Hargrove's documentation of the travesty of the 2014 APSCUF-SU election. 7 � Grove 215. @ APSCUF @APSCUFSteve pic.twitter.com/eKNRz0a81 F Ago • 1'fI$> At1 S'I'ERIUgS,.3=' y{ Change ��x #!�teTurkiyeninGergegi #AlgoMuyMio #ibbarim iziSIFIRLADILAR #youtu beblocked i nturkey � E>pand 4+ Reply t'= Retweet Favorite ••• More #MeGustariaQue Miami nathangoates @nathangoates •22h London "@nprnews:Labor Board Rules Northwestern Players Are Employees Moreno n.pr/1 eQJzhO" Important stuff. I'm very happy about this. Office 0 D Viewsummary 1 4% Reply tZ Retvueet •* Fawrite ••• Mare Gol de Perbet Retweeted by nathangoates =` Graham Watson @grahamwatsonl0 •Mar 26 ©2014 Twitter About Help Terms Privacy That's wot I call a bike path! RT @vincentmrc: Flanders 3rd cycling region after Cookies Ads info Brand Blog Status DK/NL. New bicycle bridge in Bruges pic.twitter.com/MnXLEIhWUe Apps Jobs Advertise Businesses Media Developers Directory EXHIBIT D https://twitter.cominathang Oates 1/4 3127/2014 nathangoates(nathangoates)on Twitter Expand ils Reply V4 Retweet * Favorite ••• More Retweeted by nathangoates Gernot Wagner @GemotWagner• Mar 25 4• This apparently is howthe Dutch PM arrived to meet Obama today Lr<a)r pic.twitter.comNn5JXhobki �.7 .P Expand 14% Reply iz Reaveet # Favorite ••• More Retweeted by nathangoates ® Service Course @SC_Cycling-Mar 25 Remember when we used to laugh at Belov from American Flyers as a ridiculous, improbable character?pic.tWtter.com/GC9s5Cvm8j T� Expand I Reply tl Retweet Mfr Favorite ••• More nathangoates @nathangoates -Mar 25 Why are corporate trainers notoriously bad? And who wants to hire me to provide effective corporate training? Expand I 4+ Reply iz Retweet * Favorite ••• More Retweeted by nathangoates https://twitter.com/nathang oates 2/4 3/27/2014 nathangoates(nathangoates)on Twitter z OF E)pand 14% Reply 0 Retveet * Favorite ••• More Retweeted by nathangoates Weird Things to Know @Know-Mar 24 How men and women see color pic.twitter.com/RgGf92sPj9 cantalvu ° � �eliow lrmv+k _ a'�f:flC1Y �A Lame clay t 'dFY.^en flora Spandrft 6t�xr E)pand I t+ Reply tz Retweet * Favorite ••• More r; nathangoates @nathangoates • Mar25 @veloclinic Probably not: View conversation I 4% Reply tz Retveet * Favorite ••• More nathangoates @nathangoates •Mar 25 @veloclinic Well,one rider made a career of heroic against the odds antics, while the other made his of playing the odds to win.Toss up? *Mew conversation I 4% Reply tz Rehueet * Favorite ••• More Retweeted by nathangoates Rui Quinta @CarroVassoura•Mar 23 Fabian Cancellara's last 10 Monuments finished pic.twitter.com/pG}AUa77kd . s ,. I � K F E)pand I K Reply ti Retveet * Favorite ••• More https:/AWfter.com/nathang oates 3/4 3127/2014 nathangoates(nathangoates)on Twitter Retweeted by nathangoates Cafe Roubaix @CafeRoubaix•Mar 23 Last 10 Monuments that Fabian Cancellara finished: 1/1/2/3/2/2/3/1/1/2. Expand 4% Reply t'3 Retweet * Favorite ••• More nathangoates @nathangoates • Mar22 Saturdays are for racing.Seven bikes;seven boys.Swagger Waggon rolling. faulkner_nissan_racing instagram.com/p/13Zt73MELO/ Expand ti Reply tZ Retweet * Favorite ••. More nathangoates @nathangoates • Mar22 Micah Engle in 4th at Morgantown Road Race.faulkner_nissan_racing instagram.com/p/12ysnOsEEk/ Expand H Reply t'3 Retweet * Favorite ••• More nathangoates @nathangoates •Mar 9 The boys at the#eccc opener.#shipcycling instagram.com/pAVDaz5sEMk/ E)pand 1K Reply V4 Retweet * Favorite ••• More nathangoates @nathangoates •Mar Drone attack at#grantstomb(look at the top of the photo). @paulbfrandsen @chrissielou instagram.com/p/ISKTXvsEK5/ Expand 4% Reply Vt Retweet * Favorite ••• More nathangoates @nathangoates •Mar2 cyclingtips's photo instagram.com/p/iAgp8jpS7N/Riders ride. So awesome. Expand 4% Reply tZ Retweet * Favorite ••• More nathangoates @nathangoates •Feb 25 @veloclinic Nonsensical euro blather.Why are the power and poetry of cycling mutually exclusive? View conversation Reply tZ Retweet * Favorite ••• More nathangoates @nathangoates Feb 23 RHR-South team ride.Woody Gap,GA.@roundhereracing instag ram.com/p/kxQZCVMECM/ Expand ti Reply tZ Retweet * Favorite ••• More . . nathangoates @nathangoates • Feb 16 @BernieTweets @ilikesushi @GiroSportDesign @BicyclingMag Why doesn't Giro do this for @RoundHereRacing? Where's the love? View conversation 4% Reply tZ Retweet * Favorite ••• More https:/AWfter.cominathang oates 4/4 ASSOCIATION OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS STATE COLLEGE AND UNIVERSITY CUMBERLAND COUNTY, FACULTIES (APSCUF) , PENNSYLVANIA Plaintiff V. NO. [Lt- t'6g 6 STEVEN HAASE, NATHAN GOATES, CIVIL ACTION -EQUITY AND JOHN DOES AND JANE DOES, AND THE FACULTY FOR ADVOCACY, CONTRACT, TRANSPARENCY AND STRATEGY ("FACTS" ORGANIZATION), Defendants AFFIDAVIT OF MARY-RITA DUVALL I, Mary Rita Duvall, aware that this Affidavit may be used in the above-captioned lawsuit, hereby make the following statements: 1. 1 am an adult individual who is employed by the Association of Pennsylvania State College and University Faculties ("APSCUF"), Plaintiff in this matter, as Head of the Labor Relations Department. I am authorized by APSCUF to make this affidavit in support of its Motion for Special and Preliminary Injunction. 2. APSCUF is an employee organization under the Pennsylvania Public Employee Relations Act ("PERA"), 43 P.S. §§1101-101. et seq., that maintains its main office at 319 North Front Street, Harrisburg, Pennsylvania. 3. APSCUF is certified by the Pennsylvania Labor Relations Board as collective bargaining agent for about 5,500 faculty and 350 EXHIBIT Page 1 of 6 L intercollegiate athletic coaches employed by the Pennsylvania State System of Higher Education ("PASSHE"). 4. I have been employed by APSCUF since July 2009. Among other things, my duties include answering questions about the collective bargaining agreement and local governance that come from officers of APSCUF's local chapters at each of the 14 state system universities that comprise the PASSHE. 5. As part of my job I have familiarized myself with all arbitration awards, Pennsylvania Labor Relations Board decisions and court decisions involving APSCUF that were issued both before and after I began my employment at APSCUF. 6. I believe and aver based on research into APSCUF's records, that in 2003, APSCUF's Executive Committee approved and adopted the use of the current logo which is the left side of a keystone-shaped outline transected by a torch. It is usually referred to as "the shining blue and red torch and shield." The logo also includes the acronym, "APSCUF" in large, all capital typeface and the text, "Association of Pennsylvania State College & University Faculties" appears below the acronym in smaller, all capital typeface. (A reproduction of the logo is attached to the Motion for Special and Preliminary Injunction Without Hearing as Exhibit?i J. 7. After adopting the new logo in 2003, as APSCUF exhausted supplies bearing its prior logo, it ordered new supplies bearing the current logo. Page 2 of 6 I believe and aver that by 2005 all supplies were produced with the current logo. 8. I believe and aver that at all relevant times after 2005 and through the present, APSCUF has maintained exclusive use and ownership of its distinctive logo. 9. APSCUF uses its logo on all of its official communications including letterhead, envelopes, notepaper, posters, brochures, newsletters membership cards, web materials, t-shirts and other promotional items. 10. APSCUF's logo is universally known and recognized among APSCUF's members, as well as employees at PASSHE generally, as indicating that the contents of any publications, correspondence, letters, posters, business documents bearing APSCUF's logo are endorsed and sanctioned by APSCUF. 11. I believe and aver that since approximately December 13, 2013, and thereafter, Defendants, who are acting in conjunction with an unrecognized organization called "Faculty for Advocacy, Contract, Transparency and Strategy" ("FACTS"), has caused certain papers, posters, buttons and emails bearing the APSCUF logo to be published, created or otherwise distributed to the members of APSCUF's bargaining unit at Shippensburg University. 12. The FACTS organization's publications, which include circulars, posters, buttons emails and other materials, contain election-related messages and have been regularly distributed and/or posted for view by the Page 3 of 6 Shippensburg University community, including the members of APSCUF's bargaining units at Shippensburg University. 13. Many of the FACTS organization's publications displayed the APSCUF logo in conjunction with or alongside the FACTS organization's acronym. 14. Neither the Defendants as individuals nor the FACTS organization as an entity or any individuals acting in conjunction or affiliated with the FACTS organization has been authorized to reproduce or use the APSCUF logo on any of its publications. 15. The FACTS organization also published materials, that endorsed a specific slate of candidates; among them Defendant Haase and Defendant Goates who are both seeking election as APSCUF officers. 16. APSCUF does not endorse candidates for election to is university chapter offices but rather, maintains strict neutrality. 17. Defendants produced said publications to express points of view not approved, sanctioned or endorsed by APSCUF. I believe and therefore aver, that Defendants' use of the APSCUF logo on their campaign materials is for the purpose of influencing the outcome of the election of local APSCUF officers by implying that they are endorsed or otherwise supported by APSCUF. 18. Election for officers was scheduled to begin at Shippensburg University on March 25, and end on March 26, 2014. 19. APSCUF has an irrefutable interest in maintaining its reputation for treating its members fairly, promoting fair elections of its officers Page 4 of 6 and not endorsing or being perceived as endorsing any candidates seeking election to university chapter offices or exercising any influence over a local elections or the votes of its members. 20. The misappropriated use of the APSCUF logo is confusing and misleading. 21. I believe and aver that requests made by APSCUF through its president and legal counsel to cease and desist from the use of the APSCUF logo, have been ignored. None of the unauthorized posters, buttons or other publications bearing the APSCUF logo have been taken down or rescinded by Defendants or the FACTS organization in advance of the election when the voting began on March 25, 2014. 22. 1 believe and aver that the confusion and misleading messages published by the FACTS organization and APSCUF's objections thereto caused the local APSCUF Nominations and Elections Committee to declare the March 25-26, 2014 election for local officers void, in part because the integrity of the voting process of electing APSCUF officers had been compromised. 23. 1 believe and aver that local elections have been rescheduled to take place April 8-9, 2014. 24. 1 believe and aver that Defendants' continuous and ongoing unauthorized use of APSCUF's logo if not enjoined will cause further confusion and/or is reasonably likely to result in the belief that APSCUF has endorsed certain candidates. Page 5 of 6 25. I believe and aver that Defendants' continuous and ongoing unauthorized use of APSCUF's logo, if not enjoined, is going to influence or is reasonably likely to influence the outcome of the election of local officials. 26. I believe and aver that Defendants' unauthorized use of APSCUF's logo on its materials if not immediately enjoined in advance of the rescheduled April 8-9, 2014 election, will compromise the integrity of the new election and will cause great immediate and irreparable injury which cannot be compensated by damages. I, Mary Rita Duvall, certify that the statements made in the foregoing Affidavit are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: March 28, 2014 t. ry ita Duvall Page 6 of 6 ASSOCIATION OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS STATE COLLEGE AND UNIVERSITY CUMBERLAND COUNTY, FACULTIES (APSCUF) , PENNSYLVANIA Plaintiff V. NO. STEVEN HAASE, NATHAN GOATES, CIVIL ACTION -EQUITY AND JOHN DOES AND JANE DOES, AND THE FACULTY FOR ADVOCACY, CONTRACT, TRANSPARENCY AND STRATEGY ("FACTS" ORGANIZATION), Defendants CERTIFICATE OF SERVICE I, the undersigned, certify that I have this day served a true and correct copy of the foregoing by email and first-class mail, postage prepaid, on the following person(s): Steven Haase 40 North Earl Street Shippensburg, PA 17257 Email: sihaas(a,ship.edu Nathan Goates Grove Hall 223 Shippensburg University Shippensburg, PA 17257 Email: nwgoates(a,ship.edu n , Date: 3/31/14 e 9 ASSOCIATION OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS STATE COLLEGE AND UNIVERSITY CUMBERLAND COUNTY FACULTIES (APSCUF), PENNSYLVANIA ; Plaintiff c=' -3 r-1"";i - v. NO. 14-1890 ;; :.0 9:: STEVEN HAASE, NATHAN GOATES, CIVIL ACTION-EQUITY rte- AND JOHN DOES AND JANE DOES, ??a AND THE FACULTY FOR ADVOCACY, CONTRACT,TRANSPARENCY AND STRATEGY("FACTS"ORGANIZATION), Defendants DEFENDANT'S OPPOSTION TO MOTION FOR SPECIALAND PRELIMINARY INJUNCTION WITHOUT HEARING Defendant Steven Haase respectfully moves that this Honorable Court not grant special and preliminary injunctive relief pursuant to Rule 1531 of the Pennsylvania Rules of Civil Procedure on the following grounds. 1. Plaintiff,Association of Pennsylvania State College and University Faculties ("APSCUF"), is an employee organization under the Pennsylvania Public Employee Relations Act ("PERA),43 P.S. §§1101.101,Art. III, Sec. 301(3). An employee organization is"an organization of any kind or any agency or employee representation committee or plan in which membership includes public employees and which exists for the purpose, in whole or in part,of dealing with employers concerning grievances, employe-employer[sic.], disputes,wages, rates of pay, hours of employment,or conditions of work." Defendant,Steven Jay Haase, is a member of APSCUF and an employee who depends upon Plaintiff to represent him in employment matters with his employer Shippensburg University. Employee organizations, like unions,owe a fiduciary duty to their members. A legal action on the part of APSCUF against one of its members is a breach of this duty. Litigation is an improper avenue for the settlement of disputes between employee organizations and the employees that they represent. 1 2. Plaintiff is not a corporation,a commercial enterprise,or a legal person under the law. It is an association of the public employees purports to represent. 3. Plaintiff's beliefs and assertions that Defendant Haase and others have misused the APSCUF logo("Torch Logo" EXHIBIT A)are based on incomplete investigations and misinformation. Plaintiff has not conducted a reasonable investigation of the facts surrounding this dispute and its beliefs and assertions are therefore unreasonable. 4. Defendant Haase,as a candidate for the Shippensburg University APSCUF ("APSCUF- SU") chapter president has an irrefutable interest in asserting his membership and association with APSCUF. 5. An injunction, if granted,will likely injure Defendant Haase's reputation and viability as a candidate. If no hearing is granted, Defendant Haase will not have the opportunity to present facts and evidence to the court and be deprived of due process of law. 6. Plaintiff's exclusive ownership of the Torch Logo is disputed as a matter of law and a matter of fact. 7. Plaintiff's claim that the Torch Logo is a valid, unregistered trademark is without merit. The Torch Logo is not a trademark as defined by the Pennsylvania Trademark Act(PTA),54 Pa.C.S. §§1101-1126. 8. The Torch Logo is not used for commercial purposes or in trade. It is the only employee organization that represents faculty in the Pennsylvania State System of Higher Education. It has no other competitors for this activity. The value of the Torch Logo to distinguish Plaintiff from other entities is moot. 9. Plaintiff's beliefs and assertions that Defendant Haase intended to"deceive members" is without factual basis. Plaintiff is in receipt of correspondence dated March 20,2014 from Defendant Haase stating that he was not misusing Torch Logo (EXHIBIT B). 2 10. Plaintiffs beliefs and assertions that Defendant Haase intends to continue the use of the Torch Logo is false. Plaintiff is in receipt of correspondence dated March 20,2014 from Defendant Haase stating that he was not misusing Torch Logo (EXHIBIT B). 11. Plaintiff's claim that the Defendants continue to design, produce,or distribute materials containing the Torch Logo are false. Defendant Haase has never designed or produced items containing the Torch Logo. Defendant Haase distributed fewer than five buttons containing the Torch Logo prior to receipt of a letter from plaintiff dated March 11. Defendant Haase neither distributed nor displayed any materials containing the Torch Logo after receipt of Plaintiffs letter. 12. Plaintiffs beliefs and assertions that candidates or voters involved in the APSCUF-SU officer elections any use of the Torch Logo caused or is reasonably likely to cause confusion are false. Any reasonable person investigating the alleged misuse of the Torch Logo in the APSCUF-SU officer elections would conclude that Defendant Haase and the other FACTS candidates were running against the established union leadership and were not endorsed by the established union leadership. 13. Defendant Haase is not using the Torch Logo on any campaign materials at present. Therefore, any injunctive relief is moot. 14. Plaintiffs claim that Defendants misuse of the Torch Logo invalidated the March 25-26 APSCUF-SU officer elections is false. According to an email from Dr.Steven Lichtman (EXHIBIT C)the chairperson of the APSCUF-SU Nominations and Elections Committee, "In so far as why'we made the decision to void the election, please be advised that it has nothing to do with the substance of the dispute FACTS is having with state APSCUF about the logo...the fact remains that the sole reason for the decision to void the election was the receipt of the email [from Steve Hicks,statewide president of APSCUF, EXHIBIT D] which arrived in everyone's inbox Wednesday[March 26,2013] morning. That email was so irregular and destabilizing that it, in our view,fatally compromised the integrity of the process." 3 15. Plaintiff's claim that"Defendants'continuing and ongoing unauthorized use of APSCUF's trademark[sic.] caused or is reasonably likely to result in the belief that APSCUF has endorsed certain candidates for the election at the local level" is false. First Defendants are not continuing to use the Torch Logo;allegations to the contrary are false. Second, no reasonable member of the APSCUF-SU electorate believes that the FACTS candidates are endorsed by the Plaintiff. Third,on March 30,2014 Defendant Haase sent an email (EXHIBIT E) intended for distribution APSCUF-SU members stating, "the use of the APSCUF flame/logo was not intended to represent any endorsement or support from any local or statewide official. We used the logo to indicate that all of the folks involved in the FACTS campaign were proud APSCUF members and supporters." 16. Plaintiffs claim that any alleged misuse of the Torch Logo influenced the APSCUF-SU officer elections held on March 25-26, 2014 is without factual foundation. 17. Plaintiff's claim that any alleged misuse of the Torch Logo will influence the APSCUF-SU officer elections scheduled for April 8-9,2014 is without factual foundation. 18. Plaintiff offers no argument reasonably supported by facts that Plaintiff will suffer any damages should an injunction not be granted. Defendant Haase will likely suffer injury to his professional reputation and be damaged as a candidate in the upcoming APSCUF-SU election. Plaintiff, in this pleading, in emails sent to members,and by other means continues to damage Defendant Haase with false claims that Haase is misusing the Torch Logo. Should the court grant Plaintiffs motion for injunction, it will likely be viewed as a confirmation of Plaintiff's argument that Defendant Haase has misused the Torch Logo which is disputed both as a matter of law and as a matter of fact. 19. Plaintiff's claim to the "right to exclusive use of its trademark is clear" is disputed as a matter of law and fact. Plaintiff's claim that Defendant Haase is continuing to use the Torch logo are 4 false. Plaintiff's claim that Defendants use of the Torch Logo was"unauthorized" and "manifestly wrong"are disputed as a matter of law and fact. 20. The relief sought by the Plaintiff is not suited to the alleged harm. The APSCUF-SU bylaws provide for a recall procedure. Should it be demonstrated,as a matter of fact,to the members of APSCUF-SU that Defendant had acted wrongly during the APSCUF-SU officers elections campaign, action can be taken by the membership to remedy any alleged offense. 21. The relief sought by Plaintiff has the clear potential to limit Defendants'free political speech. Freedom of speech,especially political speech, deserves maximum protection from the courts. Political actors should be given maximum latitude with regard to political speech. Limiting political speech because of mere beliefs and assertions (mostly held without reasonable factual foundation) is perilous. Plaintiff's claims,comprehensively disputed as a matter of law and fact,do not approach the level at which carful courts should even consider limiting free political speech. WHEREFORE, Defendant Haase, respectfully requests that this Honorable Court not grant Plaintiff's motion for a special injunction without hearing. Defendant respectfully requests that the Honorable Court hold a hearing prior to granting any injunction in favor of Plaintiff. Respectfully submitted, Steven J. Haase, Ph.D. Proud APSCUF member 5 EXHIBIT A !TT' APSCUF ASSOCIATION OF PENNSYLVANIA STATE COLLEGE IL UNIVERSITY FACULTIES The above logo is publicly available at http://www.apscuf.com/images/misc graph ics/APSCUF-Logo.ipg. 6 EXHIBIT B—Response to cease and desist letter from Defendant to Plaintiff March 20,2014 March 20,2014 Mr.James L.Cowden Attorney At Law 132 State Street Harrisburg,PA 17101 RE: Alleged improper use of APSCUF Logo Dear Mr.Cowden, I received your later dated 11,March,2014 notifying me of APSCUF's allegation of my improper use of the APSCUF logo. As far as I can tell,I have complied. I am not currently using the logo on any campaign materials and anyone is welcome to stop by my office(Franklin Science Center,Room 101)to verify this fact.The photograph sent to me by Steve Hicks some days ago was not on my office door.I am not,nor have I,displayed the document represented in said photograph.Your client has no accurate evidence to the contrary. Any use of the logo on other materials that may be posted elsewhere on campus were not produced by me nor printed by me.Though it is true that I am running for the office of president for APSCUF-SU,I do not have the authority nor am I in a position to cause others to cease and desist the use of the logo.APSCUF is targeting this cease and desist at the wrong individual. Though I believe I am the wrong target of a cease and desist,I do not recognize any misuse of the APSCUF logo. Sincerely, Steve Haase Associate Professor of Psychology Shippensburg University Room 101,Franklin Science Center APSCUF Member and Statewide Legislative Assembly Delegate 7 EXHIBIT C—March 28.2014 email to Defendant from Dr. Lichtman APSCUF-SU Nominations and Election Committee Chair. From: Lichtman, Steven Sent: Friday, March 28, 2014 8:54 PM To: Haase, Steven; Henson, Billy; Patrick, Patricia Cc: Worden, Diana Subject: RE: second request for reconsideration Dear Steve, Ian, and Nathan: First off,just to let you know, it is not possible to immediately call a meeting of the Committee. I am out of town, currently visiting my parents in New York and on my way to give a talk in Boston on Monday morning, and will not be back on campus until Tuesday. As for your concerns ... let me take the second one first: Insofar as why we made the decision to void the election, please be advised that it has nothing to do with the substance of the dispute FACTS is having with State APSCUF about the logo. While Patricia, Billy, and I did discuss the dispute briefly, including the issue of whether there was a valid C&D order, the fact remains that the sole reason for the decision to void the election was the receipt of the email which arrived in everyone's inbox Wednesday morning. That email was so irregular and destabilizing that it, in our view, fatally compromised the integrity of the process. I'm not sure what you are referring to by the reference to "false information", unless this has to do with the substance of the logo dispute; if so, then rest assured that we did not rely on that at all in our decision. the substance of the dispute is fundamentally irrelevant. Our decision to reschedule the election was simply about Wednesday's email from State, crashing into the process directly in the middle of it. Insofar as to whether we have the authority to void the election, our reading of the bylaws is that we are within our purview; we see this as part of what it means to "administer"the election. I fully agree that this was an extraordinary decision on our part(I'm not sure I agree that it was "radical," but perhaps that is merely semantics). But this only underscores the extraordinary nature of the incident that precipitated the decision. The email from State was both poorly-timed and highly inflammatory(for all parties), and this is why we made this extraordinary decision. Sincerely, Steven P.S.: In reference to your remark about"information that we have become aware of," I very much hope that you will receive the following as good-spirited counsel coming from a friend and colleague ... In my opinion, it is inadvisable to rely on rumors or speculation about why we took this decision, which is what I'm guessing is happening here. The only alternative explanation would be that details of the discussions Patricia, Billy, and I have been having were somehow delivered to you ... but since I have resolute and total faith in the professionalism and discretion of my two excellent colleagues, I can't imagine that would be the case. Best, SBL. 8 EXHIBIT D—March 26. 2014 email from Dr. Hicks(affiant for Plaintiff) referred to EXHIBIT C From: APSCUF Office Sent: Wednesday, March 26, 2014 10:20 AM Subject: Important Message from Steve Hicks- Statewide APSCUF president APSCUI ASSOCIATION OF PENNSYLVANIA STATE COLLEGE & UNIVERSITY FACULT March 26.2013 A Message from the President To all members ofAPSCUF bargaining units at Shippensburg University: Over the course of the last few weeks,it has come to my attention, and that of state Executive Council and our legal counsel, that a group calling themselves "FACTS"has been using the APSCUF logo (the one at the top of this communication) in their messages and campaign paraphernalia. State APSCUF, as a matter of policy, ethics,and past practice, remains neutral in campus electioneering, as it is the right of members to choose their own leadership in the democratic process. So,be clear that the misappropriation of the state APSCUF logo (usually referred to as"the shining blue and red torch and shield"with our incorporated acronym in blue)should not be construed as state APSCUF support for FACTS. Likewise, you should not construe our dispute over the use of this logo as support for the other side. State APSCUF, through our legal counsel, has demanded that FACTS leadership cease and desist from using the logo;having failed to see that happen, we are pursuing further legal action, however, legal counsel indicates an injunction is impossible to secure in time to stop such use today. Please go to the polls and vote and remember state APSCUF has not chimed in on this(or any campus)election. In solidarity, Steve Hicks, APSCUF President 9 EXHIBIT E—Defendant's March 30, 2014 email to APSCUF-SU members From: Haase, Steven Sent: Sunday, March 30, 2014 4:36 PM Subject: A message about APSCUF's"extraordinary"week Dear colleagues, In light of the extraordinary events of last week,we wanted to make several things clear. All of the folks involved in the FACTS campaign entered into this election with the goal of strengthening our union and engaging the membership of APSCUF-SU. At this point,we feel the logo issue has become a source of distraction and unnecessary controversy. It was never the intent of any of the FACTS candidates to represent themselves as endorsed nominees. Therefore,we want to be clear the use of the APSCUF flame/logo was not intended to represent any endorsement or support from any local or statewide official. We used the logo to indicate that all of the folks involved in the FACTS campaign were proud APSCUF members and supporters. An attorney representing the statewide APSCUF Executive committee sent Steve Haase a letter requesting him to stop using the logo on March 11th. No materials containing the APSCUF logo were designed, printed,or distributed subsequent to that request. We voluntarily stopped using the logo not because we agreed with the questionable arguments in the request, but because we wanted the election to be about the future of our union rather than the rules about logo use. So, let's all move forward together to make our union stronger. Please don't let this be a continuing distraction. One of the proud achievements of the FACTS campaign was to engage many members to participate in a competitive election. Moving forward, please continue to engage in union activities and vote for the candidates of your choice. In solidarity, Steve Haase Ian Langella Nathan Goates 10 James L. Cowden, Esq. Jennifer A. Nachamkin, Esq. Strokoff& Cowden, P.C. 132 State Street Harrisburg, PA 17101 (717) 233-5353 j 1cna,strokoffandcowden.corn j anastrokoffandcowden.com ASSOCIATION OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS STATE COLLEGE AND UNIVERSITY CUMBERLAND COUNTY, FACULTIES (APSCUF) , PENNSYLVANIA Plaintiff v. NO. lit - 1290 STEVEN HAASE, NATHAN GOATES, CIVIL ACTION -EQUITY AND JOHN DOES AND JANE DOES, AND THE FACULTY FOR ADVOCACY, CONTRACT, TRANSPARENCY AND STRATEGY ("FACTS" ORGANIZATION), Defendants ORDER GRANTING SPECIAL INJUNCTION AND SCHEDULING A HEARING FOR INJUNCTIVE RELIEF AND NOW, this t day of iP/ , 2014, upon consideration of Plaintiff's Motion, and having determined that: I' 1. Immediate and irreparable damage and injury to the rights of Plaintiff, Association of Pennsylvania State College and University Faculties ("APSCUF") will be unavoidable unless an Injunction is issued ; 2. The continued misappropriation and misuse of Plaintiff's trademark in advance of an election scheduled for April 8-9, 2014 will irreparably harm APSCUF's interests in promoting fair elections of its officers and not endorsing or being perceived as endorsing any candidates seeking 1 election to its local chapter offices or exercising any influence over such local elections or the votes of its members. 3. Greater injury will be inflicted upon Plaintiff by the denial of immediate injunctive relief than would be inflicted upon Defendants by the granting of such relief; 4. The Plaintiff's right to relief is clear; 5. The special injunction is reasonably calculated to prohibit misuse of Plaintiff's trademark and not to suppress the political speech of others; 6. No prior application to this Court for such relief has been made by Petitioners. IT IS HEREBY ORDERED AND DECREED THAT: A Special Injunction is GRANTED. The Defendants, Steven Haase, Nathan Goates and other Jane and John Does and The Faculty for Advocacy, Contract Transparency And Strategy ("FACTS" Organization) its officers, agents, members, representatives and all other persons, known or unknown, acting on their behalf or in concert with them are hereby ENJOINED from further use of the APSCUF logo on any publications without first seeking and obtaining express authorization therefor. 2 .T4're hearing to determine why a Permanent Injunction should not be Ordered enjoining Defendants, __ t and d those acting in concert with them, from R ' the acts described shall be held terr N coo -.. 0A) 3 Arad 1 20141. 2 . in Courtroom #51X in the Cumberland County Courthouse. • THE CgOU r Dated / // J. Thoma A. Placey Distribution: Common Pleas Judge /dames L. Cowden, Esq., Strokoff& Cowden, 132 State St., Harrisburg, PA 17101 /.dennifer A. Nachamkin, Esq. Strokoff& Cowden, 132 State St., Harrisburg, PA 17101 even Haase, 40 North Earl Street, Shippensburg, PA 17257 .- than Goates, Grove.Hall 223, Shippensburg University, Shippensburg, PA 17257 Q t e.c �L '< t( 3 • ASSOCIATION OF PENNSYLVANIA: IN THE COURT OF COMMON PLEAS OF STATE COLLEGE AND : CUMBERLAND COUNTY, PENNSYLVANIA UNIVERSITY FACTULTIES (APSCUF) , Plaintiff VS : NO. 14 -1890 STEVEN HAASE, NATHAN GOATES, AND JOHN DOES AND JANE DOES, THE FACULTY FOR ADVOCACY, : CIVIL ACTION - EQUITY CONTRACT, TRANSPARENCY AND : STRATEGY ( "FACTS" ORGANIZATION), Defendants IN RE: PRELIMINARY INJUNCTION ORDER OF COURT AND NOW, this 3rd day of April, 2014, following a brief hearing on the issue of granting a preliminary injunction, the following findings of fact are made: 1. APSCUF, Plaintiff, has an unregistered trademark in the form of a logo shown in Exhibit 1. 2. Plaintiff has shown the logo has been used without approval prior to and at the local election of 26 March 2014. 3. Plaintiff wants to appear neutral in elections. 4. Eligible membership voters could be confused by the combination of logo use on candidate or ad hoc organizational materials which is a harm to the entity. A preliminary injunction is granted. The Defendants Steven Haase, Nathan Goates, and others denominated as Jane and John Does together with the Faculty For Advocacy, Contract, Transparency and Strategy (FACTS), ad hoc organization, and all other persons known and unknown acting on their behalf or in concert with them are hereby enjoined from further use of the APSCUF logo on any publications or other election materials without first obtaining expressed authorization for said use of that logo. By the Co 0 Thomas . Placey, C.P.J. nifer A. Nachamkin, Esquire 132 State Street Harrisburg, PA 17101 For the Plaintiff ...'even Haase 40 North Earl Street Shippensburg, PA 17257 Goates Grove Hall 223 Shippensburg University Shippensburg, PA 17257 :ralc Co,,•es. trz.v.11c1, 11/) Jennifer A. Nachamkin, Esq. Strokoff 8s Cowden, P.C. 132 State Street Harrisburg, PA 17101 (717) 233-5353 jan@strokoffandcowden.com •I710�ri�jtili 2014Mily 6 PH 1:2 cUMBEf;L, AND COUNTY PE NSYLVANI ASSOCIATION OF PENNSYLVANIA STATE COLLEGE AND UNIVERSITY FACULTIES (APSCUF) , Plaintiff v. STEVEN HAASE, NATHAN GOATES, AND JOHN DOES AND JANE DOES, AND THE FACULTY FOR ADVOCACY, CONTRACT, TRANSPARENCY AND STRATEGY ("FACTS" ORGANIZATION), Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2014-1890 CIVIL ACTION -EQUITY PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please discontinue the above -captioned action. Respectfully submitted, STROKOFF & COWDEN, P.C. By: Date: 5/5/14 /Fermi /�1,a.. - A. - chamkin, Esq. 200931 ate Street arrsburg; PA 17101 (717) 233-5353 Jennifer A. Nachamkin, Esq. Strokoff & Cowden, P.C. 132 State Street Harrisburg, PA 17101 (717) 233-5353 jan(a strokoffandcowden.corn ASSOCIATION OF PENNSYLVANIA STATE COLLEGE AND UNIVERSITY FACULTIES (APSCUF) , Plaintiff v. STEVEN HAASE, NATHAN GOATES, AND JOHN DOES AND JANE DOES, AND THE FACULTY FOR ADVOCACY, CONTRACT, TRANSPARENCY AND STRATEGY ("FACTS" ORGANIZATION), Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2014-1890 CIVIL ACTION -EQUITY CERTIFICATE OF SERVICE I, the undersigned, certify that I have this day served a true and correct copy of the foregoing by email and first-class mail, postage prepaid, on the following person(s): Steven Haase 40 North Earl Street Shippensburg, PA 17257 Email: sjhaas@ship.edu Nathan Goates Grove Hall 223 Shippensburg University Shippensburg, PA 17257 Email: nwgoates(a,ship.edu Date: 5/5/14 ni e A. Nachamkin