Patrick F. Flaherty v. Warehousemen, Garage & Service Station Employees' Local Union No. 334

Good Law
574 F.2d 484
United States Court of Appeals for the Ninth CircuitJuly 24, 197876-2107California1,698 words

Opinion

Opinion

Plaintiff-appellant, Patrick F. Flaherty, appeals from a summary judgment in his action for disclosure of union records, for damages and for revocation of a dues increase. He also appeals the denial of his application for leave to file a complaint against union officers pursuant to section 501(b) of the Labor Management Reporting and Disclosure Act (LMRDA). 29 U.S.C. § 501 (b) (1970).

FACTS

This lawsuit arose out of a dues increase proposed by Local 334 in May of 1975. The stated purpose of the dues increase was to enable the union to acquire real estate for a new office building and to hire a new business agent. Three days before the general membership meeting at which the increase was to be discussed and voted upon, the plaintiff initiated a series of oral and written demands to be provided with the financial records of the local. The handwritten notes, which are appendices A and B to appellees’ brief, specifically requested “voting & proxy procedures & financial statements” and current operating expenses and income as well as information regarding the pension fund. These requests were not complied with and the plaintiff filed suit in Washington state court seeking, among…

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