Corns

Corns v. Laborers International Union of North America

Good Law
773 F. Supp. 2d 835·2011 WL 767309·2011 U.S. Dist. LEXIS 19141
United States District Court, Northern District of CaliforniaFebruary 25, 201109-CV-4403 MHPCalifornia4,120 words

Opinion

Opinion

Patel, J.

MEMORANDUM & ORDER

Re: PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT, DEFENDANT’S CROSS-MOTION FOR SUMMARY JUDGMENT

Plaintiff Alex Corns filed this action against defendants Laborers International Union of North America (“LIUNA”), Northern California District Council of Laborers (“NCDCL”), and Hod Carriers Local Union No. 166 (“Local 166”) (collectively “Union defendants”). Plaintiff alleges that Union defendants unlawfully levied assessments for “organizing fees” and/or increased “dues” without a secret ballot of Local 166 members, in violation of § 101(a)(3) of the Labor Management Reporting and Disclosure Act (“LMRDA”), 29 U.S.C. §§ 411 (a)(3). Now before the court is plaintiffs motion for partial summary judgment and Union defendants’ cross-motion for summary judgment pursuant to Federal Rule of Civil Procedure 56. Having considered the parties’ arguments and submissions, the court enters the following memorandum and order.

BACKGROUND

Union Structure

The LIUNA is the International Union governing its subordinate Local Unions and District Councils. The NCDCL is an intermediate body of the LIUNA, and represents 15 local labor unions affiliated with the LIUNA. Local 166 is…

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