Ed Kerr v. Screen Extras Guild, Inc., a Corporation
Opinion
Opinion
Duniway, J.
Kerr, a member of defendant Screen Extras Guild, Inc., a labor organization, appeals from the district court’s dismissal of his action under 29 U.S.C. §§ 412 and 529. We reverse.
The following facts are not in dispute: Kerr was an unsuccessful candidate for the presidency of the Guild in December 1968. On May 12,1969, Daily Variety, a motion picture industry trade publication, ran a story which stated that the Guild had been found in violation of the provisions of the Labor-Management Reporting and Disclosure Act which guarantee the rights of union members to campaign for elective office. The newspaper article was based on information supplied by Kerr. The president of the Guild charged Kerr with violating the Guild Constitution and By-laws by causing a false article to be published. A notice of hearing on the charges was issued on August 18, 1969, but the hearing was enjoined by a temporary restraining order from a state court. Another notice of hearing on the same charges was issued on September 23, but that hearing was enjoined by a temporary restraining order issued by the district court in this action which was filed on September 30.