Johnson v. National Ass'n of Letter Carriers Branch 1100

Basilio Fontana and E. Jean Johnson appeal the district court’s award of summary judgment to the National Association of Letter Carriers, Branch 1100 and certain individual members (collectively the “Branch”), and the National Association of Letter Carriers (“NALC”). Fontana and Johnson, the former president and former fourth vice-president of the Branch, respectively, sued the Branch and the NALC for violations of their free speech and procedural due process rights guaranteed by the NALC Constitution and section 101(a) of the Labor-Management Reporting and Disclosure Act of 1959 (“LMRDA”), 29 U.S.C. § 411 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand on the issue addressed in this opinion.

I.

The NALC is a national labor union that represents letter carriers employed by the United States Postal Service. The Branch is a local union affiliated with the NALC, representing letter carriers in Orange County, California.

In October 1992, Fontana and Johnson attended a NALC seminar in Las Vegas, Nevada. A Branch officer in attendance reported to other Branch officers that Fontana and Johnson had failed to attend classes at the seminar and had…