Teamsters Joint Council No. 42 v. International Brotherhood of Teamsters

Michael J. Riley, Jimmy D. Hammack, and Teamsters Joint Councils Nos. 42 & 38 appeal the district court’s order granting summary judgment to the International Brotherhood of Teamsters. They also appeal the district court’s denial of their motion for a preliminary injunction.

We affirm.

*305 OVERVIEW

In June of 1994, five IBT local unions affiliated with Joint Council 42 and two affiliated with Joint Council 38 filed an application with IBT General President Carey for a new Joint Council charter. 1 The local unions believed that they could join together and provide more effective services at a lower cost. In September of 1994, the General Executive Board of the IBT voted to grant a charter creating Joint Council 92, made up of these seven local unions. Joint Council 42 and Joint Council 38 remain in existence, with Joint Council 42 retaining 23 local unions representing about 95,000 members.

Plaintiffs argue that by creating a new Joint Council, the IBT: (1) infringed their rights to free speech under the Labor-Management Reporting and Disclosure Act § 101(a)(2), 29 U.S.C. § 411 (a)(2); (2) breached the terms of the IBT Constitution in violation of Section 301 of the LMRA; and…