Twigger

MEMORANDUM *

Joseph Jacobs and Brad Twigger appeal the district court’s entry of summary judgment in favor of the International Brotherhood of Electrical Workers, Local 48. They both claim that Local 48 violated the Labor Management Reporting and Disclosure Act (LMRDA), 29 U.S.C. § 411 , by unlawfully disciplining them for unauthorized picketing of a work site; Jacobs also appeals the entry of summary judgment on Local 48’s counterclaim for payment of a disciplinary fine imposed by the union. We affirm the entry of summary judgment on the LMRDA claim, but remand the counterclaim to the district court. Because the facts are familiar to the parties, we recount them only as necessary to explain our decision.

A. Section 411 Claim

Our decision in Kofoed v. Int’l Bhd. of Elec. Workers, Local 48, 237 F.3d 1001 (9th Cir.2001), is largely dispositive of this separate but related case. In addressing the similar § 411(a)(2) claim in that case, the Kofoed court asked the following three questions:

Id. at 1005-06.

We will assume, as did the court in Kofoed , that the speech at issue implicates the interest in the promotion of union democracy. As to question two, the Kofoed court explained…