MEMORANDUM OPINION AND ORDER
MARVIN E. ASPEN, UNITED STATES DISTRICT JUDGE
Defendant Local 147, International Brotherhood of Painters and Allied Trades, AFL-CIO-CFL ("Local 147") has moved for dismissal of the complaint filed against it by the Secretary of Labor, or, alternatively, for joinder of the International Brotherhood of Painters and Allied Trades, AFL-CIO ("International Union"), pursuant to Federal Rules of Civil Procedure 12(b)(7) and 19. Secretary of Labor Lynn Martin's ("Secretary")
complaint alleges that Local 147 violated § 401(c) of the Labor-Management Reporting and Disclosure Act ("LMRDA"), 29 U.S.C. 481(c) (1988), when its "failed to distribute by mail at candidates' expense campaign literature in aid of such candidates' candidacies" in a recent election. For the reasons set forth below, we join the International Union as a defendant.
The facts critical to disposition of Local 147's Rule 12(b)(7) motion are taken, quite properly, from the affidavit of Frank M. Sullivan, Local 147's Financial Secretary. It is Local 147's burden to "show the nature of the unprotected interests of the absent parties." 5A C. Wright & A. Miller, Federal Practice and Procedure § 1359, at 426 & n. 11 (1990); see also Ashley v. American Airlines, Inc., 738 F. Supp. 783, 788 & n. 5 (S.D.N.Y. 1990). This burden may be discharged by presenting to the court "affidavits of persons having knowledge of these interests as well as other relevant extra-pleading evidence." 5A C. Wright & A. Miller, Federal Practice and Procedure § 1359, at 426-27 & n. 12.
On Wednesday, June 20, 1990, Local 147 (pursuant to its constitution and bylaws) held an election to fill various leadership positions. Sullivan Affidavit para. 4. After several Local 147 members objected to the results of that first election, International Union President William Duval conducted an investigation and declared the results of the June 20 election null and void. Id. para. 5. Further, Duval directed International Union Vice-President Fred Hagen to conduct and supervise a second election. Id.; see also Affidavit Exhibit 1.
International Union President Duval subsequently wrote Local 147's Sullivan to officially inform him that Hagen would be in charge of conducting the second election. Sullivan Affidavit para. 6. Hagen and his staff were to set the date, time, and place of the second election, print the official ballot, and act as election judges and tellers. Affidavit Exhibit 3. Duval explicitly noted that Hagen, in cooperation with the International Union, made the decision "that there would be no further mailing of campaign literature." Id.
Hagen and his staff conducted the second election on August 11, 1990. Sullivan Affidavit para. 7. Once again, several Local 147 members filed protests with International President Duval. Id. This time, however, Duval denied the election protests and upheld the August 11 results. Id. para. 9. Internal appeals by the protesters failed, leading to the filing of protests with the Secretary and the Secretary's suit against Local 147. Complaint para. VII.
The Secretary's amended complaint alleges a violation of § 401(c) of the LMRDA, which provides in relevant part that:
every national or international labor organization . . . and every local labor organization, and its officers, shall be under a duty, enforceable at the suit of any bona fide candidate for office in such labor organization in the district court of the United States in which such labor organization maintains its principal office, to comply with all reasonable requests of any candidate to distribute by mail or otherwise at the candidate's expense campaign literature in aid of such person's candidacy to all members in good standing of such labor organization and to refrain from discrimination in favor of or against any candidate with respect to the use of lists of members . . . .