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While employed at Whitehall, petitioner was a member of a
labor union named the Oil, Chemical and Atomic Workers
International Union (the Union).
During the 1980's, AHP initiated a plan to relocate part of
its operations to Guayama, Puerto Rico. As a result of this
plan, AHP closed various plants operated by Whitehall and Wyeth-
Ayerst, including the plant operated by Whitehall in Elkhart, by
the end of 1991 or early 1992. The plant closings caused
approximately 1,100 Whitehall and Wyeth-Ayerst employees to be
laid off and eventually lose their jobs. Petitioner was one such
individual.
In January 1991, the Union filed suit against AHP and
various other entities and individuals in the United States
District Court for the District of Puerto Rico (the District
Court). During that same year, the Union determined that a class
action should be brought against AHP and other defendants on
behalf of the employees that were laid off. Consequently, in
November 1991, the Union sent a notice entitled "Keep Whitehall
Open" to the affected Whitehall employees. The notice stated
that it had become appropriate to seek individual damages for the
laid off members of the Union "under the RICO [Racketeer
Influenced and Corrupt Organization] complaint". The notice
provided further as follows:
the remedy that we would be asking for [is]
compensation for losses in wages and benefits for some
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