Posner

Utility Workers Union of America, Local 259, appeals from a judgment determining that fines levied by it against respondents, who are members of the union, were not valid.

Appellant is a labor organization which represents employees of San Jose Water Works, a utility corporation. Respondents were employees of the water works and members of the union. Negotiations for a new collective bargaining agreement broke down in January 1969; the union membership voted to strike and began picketing the premises of the water works. There was evidence that membership meetings of the local, leading up to the strike vote, were scenes of disorderly conflict and that respondents, who opposed the strike, were not given an opportunity to air their views. There was also evidence that the bargaining proposals of the union and management were not clearly presented to the members. Feeling aggrieved by the decision to strike, respondents crossed picket lines and continued to work. Under provisions of the union constitution, charges were then made against respondents, alleging that they had engaged in conduct “unbecoming a union member.” A trial board was appointed by the president of the union…