Most

Most v. American Federation of Musicians of United States & Canada

Good Law
7 F. App'x 551
United States Court of Appeals for the Ninth CircuitMarch 5, 2001Nos. 99-56177, 99-56726; D.C. No. CV-98-08088-RCalifornia874 words

Opinion

Lead Opinion

MEMORANDUM **

Abe Most filed this action against his local and international union, alleging violations of § 101(a)(5) of the Labor-Management Reporting and Disclosure Act, 29 U.S.C. § 411 (a)(5). He argues on appeal that the district court erred by granting summary judgments to the unions and by denying his request to file an amended complaint. The local union appeals the district court’s denial of costs. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the summary judgments and reverse the denial of costs.

Most argues that he was disciplined in violation of § 101(a)(5), providing that “[n]o member of any labor organization may be fined, suspended, expelled, or otherwise disciplined ... unless such member has been (A) served with written specific charges; (B) given a reasonable time to prepare his defense; (C) afforded a full and fair hearing.” 29 U.S.C. § 411 (a)(5). Specifically, he contends that he did not receive adequate notice of the charges and that there was insufficient evidence to support the unions’ decision. We reject both of these contentions.

The record indicates that Most received written notice containing specific factual allegations of place,…

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