Kinney v. International Brotherhood of Electrical Workers

939 F.2d 690 137 L.R.R.M. (BNA) 2866 , 119 Lab.Cas. P 10,809 Robert "Red" KINNEY, Individually and as a Member on Behalf of Local Union 396 of the International Brotherhood of Electrical Workers, Plaintiffs-Appellants, v. The INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, Charles H. Pillard, Individually, et al., Defendants-Appellees. No. 85-2647. United States Court of Appeals, Ninth Circuit. June 27, 1991. R. Kelly Hocker, Tempe, Ariz., for plaintiffs-appellants. Gregg H. Temple, Phoenix, Ariz., for defendants-appellees. Before BROWNING, HALL and LEAVY, Circuit Judges. JAMES R. BROWNING Circuit Judge: 1 Robert "Red" Kinney, former business manager and financial secretary of Local 396 of the International Brotherhood of Electrical Workers (IBEW), sued IBEW under Section 102 of the Labor Management Reporting and Disclosure Act (LMRDA), 29 U.S.C. Sec. 412 and Section 301(b) of the Labor Management Relations Act (LMRA), 29 U.S.C. Sec. 185 , alleging, inter alia, that the union had improperly removed him from his elected office in Local 396 in violation of Section 101 of the LMRDA, 29 U.S.C. Sec. 411 , and had imposed an illegal trusteeship on Local 396 in violation of Section…