A. Glynn Ross, and Cross-Appellant v. International Brotherhood of Electrical Workers, Afl-Cio, and Cross-Appellee
Opinion
Opinion
Choy, J.
This action primarily concerns the scope of 29 U.S.C. § 411 (a)(4) of the Labor-Management Reporting and Disclosure Act, 29 U.S.C. § 401 et seq. (LMRDA). The section protects the right of union members to sue their union. The International Brotherhood of Electrical Workers (IBEW), appeals á judgment adverse to its claim of power to discipline a member for bringing suit against it. A. Glynn Ross, the union member, has cross-appealed to obtain damages and additional attorney’s fees. The union disputes any award of fees and costs. We affirm as to the main issue and attorney’s fees, and reverse and remand the case for further proceedings on the issue of damages.
Background
Ross was the business manager and financial secretary of IBEW Local No. 640. In 1972 he ran for re-election. He failed to win a majority, necessitating a run-off which he won by a narrow margin. The IBEW regional vice-president, Raymond Duke, ordered a new election and refused to install Ross for a new term (although he remained in office), acting on allegations that Ross engaged in election improprieties.
On July 17, 1972, Ross filed suit in state court to enjoin IBEW interference in the local election and with…