United Brotherhood of Carpenters & Joiners, Lathers Local 42-L v. United Brotherhood of Carpenters & Joiners

Good Law
73 F.3d 958
United States Court of Appeals for the Ninth CircuitJanuary 16, 1996No. 94-55600California3,738 words

Opinion

Lead Opinion

Boochever, J.

United Brotherhood of Carpenters and Joiners of America, Lathers Local 42-L (“Local 42-L”) appeals from a district court decision that (1) awarded summary judgment in favor of the United Brotherhood of Carpenters and Joiners of America (“the UBC”) and the Southern California District Council of Carpenters (“the District Council”), on Local 42-L’s claim brought pursuant to § 301 of the Labor Management Relations Act (“LMRA”), 29 U.S.C. § 185 (1988), which alleged that the UBC and the District Council breached the agreement of affiliation (“the Affiliation Agreement”) that merged the Lathers International Union (“the Lathers”) into the UBC; (2) ruled that Local 42-L lacked standing to bring a claim to vindicate the free speech rights of its members, guaranteed by Title I of the Labor Management Reporting and Disclosure Act (“LMRDA”), 29 U.S.C. § 412 (1988); and (3) awarded the District Council damages on its counterclaim.

This appeal raises the issue of whether interpretation of an affiliation agreement, whereby Local 42-L became affiliated with the UBC, is subject to the high degree of deference due a union’s construction of its own rules, regulations and constitution, or whether…

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