The Grand Lodge of the International Association of MacHinists Etc. v. John J. King, Earl N. Anderson

Plaintiffs brought suit alleging they were summarily discharged as officers of defendant union because they supported an unsuccessful candidate in a union election. They sought reinstatement and damages. The district court denied defendants’ motion to dismiss, and this interlocutory appeal under 28 U.S.C.A. § 1292 followed.

I

The district court concluded that plaintiffs’ allegation of summary dismissal stated a claim under section 101(a) (5) of the Labor-Management Reporting and Disclosure Act of 1959 ( 73 Stat. 522 , 29 U.S.C.A. § 411 (a) (5)), which provides: “No member of any labor organization may be fined, suspended, expelled, or otherwise disciplined * * * unless such member has been (A) served with written specific charges; (B) given a reasonable time to prepare his defense; (C) afforded a full and fair hearing.”

We are satisfied, however, that Congress did not intend section 101(a) (5) to preclude summary removal of a member from union office. While the Act was being considered by Congress, objection was raised to section 101(a) (5) on the ground that it would permit wrongdoing union officials to remain in control while the time-consuming “due process” requirements of…