Benjamin R. Burroughs, William H. Gault and William T. Keane v. Operating Engineers Local Union No. 3 Dale Marr and Harold Huston

Burroughs, Gault and Keane (the retired union members) appeal the entry of summary judgment for the Operating Engineers Local Union No. 3 (Local 3) and two of its officers. Their complaint alleged that Article VI of the by-laws of Local 3 permits increases in the “rates of dues” payable by the union members without a majority vote of the union membership, in violation of section 101(a)(3) of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), 29 U.S.C. § 411 (a)(3). The complaint sought both preliminary and permanent injunctive relief restraining Local 3 from collecting any future dues increases pursuant to the by-laws absent the approval of a majority of the union membership voting by secret ballot. After initially denying the retired union members’ motion for a preliminary injunction and the parties’ cross-motions for summary judgment, the district court granted a joint motion to reconsider its order denying summary judgment. The district court then granted a motion for summary judgment for Local 3 and the officers. We reverse and remand.

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Local 3 is a large labor organization with a membership of 32,000 working members and 5,000 retirees. It is the parent…