Edward Lynn v. Sheet Metal Workers' International Association and Local No. 75 of the Sheet Metal Workers' International Association

Lynn filed suit against the Sheet Metal Workers’ International Association (“International”) claiming that his removal from his position as business representative violated his free speech rights under the Labor-Management Reporting and Disclosure Act (“LMRDA”), 29 U.S.C. §§ 401-531 (1982). He also sued both the International and Local 75 of the Sheet Metal Workers’ International Association (“Local” or “Local 75”) for an alleged failure to refer him to work as required by the collective bargaining agreement. The district court granted summary judgment for the International on the job removal claim and also for Local 75 on the work referral claim; it dismissed the work referral claim against the International for failure to prosecute. Lynn now appeals the district court's actions. We reverse in part and affirm in part.

FACTS

In June, 1981, plaintiff-appellant Edward Lynn was elected business representative of Local 75. Over the next year, Lynn and other members became increasingly critical of expenditures by the Local’s officers and organized a dissident group, which successfully campaigned to defeat proposals to raise the Local’s dues. In June, 1982, Local officers, including…

concurring in part and dissenting in part:

I agree with my colleagues that the trial court was correct in its grant of summary judgment to the Local on the work referral claim and in its dismissal of the same claim against the International for failure to prosecute. I concur in Parts II and III of the court’s opinion.

I submit with all respect, however, that the majority errs in holding that union leadership cannot discharge a business manager who actively opposes the leadership on a fundamental issue of union policy. The majority reaches this conclusion only by what I conclude is a misreading of the Supreme Court’s opinion in Finnegan v. Leu, 456 U.S. 431 , 102 S.Ct. 1867 , 72 L.Ed.2d 239 (1982). The majority’s error is compounded by the creation of an unwarranted conflict with the two other circuits that have addressed the point. I dissent from the court’s holding on this critical aspect of the case, set out in Part I of its opinion.

There is no dispute that Lynn, as a union member, had the right to participate in and vote at membership meetings, 29 U.S.C. § 411 (a)(1), and express his views on business before such meetings, 29 U.S.C. § 411 (a)(2); it is also not disputed…

804 F.2d 1472 123 L.R.R.M. (BNA) 3273 , 55 USLW 2356 , 105 Lab.Cas. P 12,098 , 6 Fed.R.Serv.3d 855 Edward LYNN, Plaintiff-Appellant, v. SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION and Local No. 75 of the Sheet Metal Workers' International Association, Defendants-Appellees. No. 84-6447. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 10, 1985. Decided Nov. 26, 1986. Bruce M. Stark, Long Beach, Cal., for plaintiff-appellant. Julius Reich, Reich, Adell, Crost, Los Angeles, Cal., Donald W. Fisher, Toledo, Cal., for defendants-appellees. Appeal from the United States District Court for the Central District of California. Before BROWNING, KENNEDY, and HUG, Circuit Judges. HUG, Circuit Judge: 1 Lynn filed suit against the Sheet Metal Workers' International Association ("International") claiming that his removal from his position as business representative violated his free speech rights under the Labor-Management Reporting and Disclosure Act ("LMRDA"), 29 U.S.C. Secs. 401-531 (1982). He also sued both the International and Local 75 of the Sheet Metal Workers' International Association ("Local" or "Local 75") for an alleged failure to refer him to work as…