Operating Engineers Local Union No. 3 v. B. R. Burroughs

417 F.2d 370 OPERATING ENGINEERS LOCAL UNION NO. 3, an unincorporated association, the International Union of Operating Engineers, an unincorporated association, Harold L. Bowen, James F. Church, P. H. McCarthy, Jr., et al., Appellants, v. B. R. BURROUGHS, Appellee. No. 22786. United States Court of Appeals Ninth Circuit. October 1, 1969. Rehearing Denied November 14, 1969. P. H. McCarthy, Jr. (argued), of McCarthy, Johnson & Miller, San Francisco, Cal., for appellant. Merrill Schwartz (argued), of Stark, Simon & Sparrowe, Oakland, Cal., for appellee. Before ELY and CARTER, Circuit Judges, and SMITH, * District Judge. RUSSELL E. SMITH, District Judge. We are here concerned with the extent to which the "protection of the right to sue" section of the "Bill of Rights of Members of Labor Organizations" 1 limits the power of a union to discipline its members for suing a union and its officers. The plaintiff and appellee, B. R. Burroughs (Burroughs) was a member of appellant, Operating Engineers Local Union No. 3 (Local), a local union affiliated with the appellant, International Union of Operating Engineers (International). The Local conducted an election of officers in August…