Simo

ORDER

The opinion filed January 16, 2003 [ 316 F.3d 974 ], is amended as follows:

With these amendments to the Opinion, the panel has unanimously voted to deny appellants’ petition for rehearing. Judge T.G. Nelson voted to deny the petition for rehearing en banc. Judges D.W. Nelson and Schwarzer recommended denial of the petition for rehearing en banc.

The full court has been advised of the petition for rehearing en banc and no active judge has requested a vote on whether to rehear the matter en banc. (Fed. RApp. P. 35.)

The petition for rehearing and the petition for rehearing en banc are DENIED.

OPINION

This suit arises out of a contentious labor struggle at a garment factory in San *607 Bernardino, California. Twenty-five garment workers (“the workers”) brought suit against their union and its officials after the union engaged in secondary pressure to' remove work from their factory. The workers alleged that their own union retaliated against them because they sought to have it decertified, in breach of the duty of fair representation (“DFR”), and that the union and the individual defendants initiated a campaign of harassment and intimidation constituting intentional…