Services Employees International Union v. National Union of Healthcare Workers

*1041 ORDER

The Opinion filed on March 26, 2013, is amended as follows:

Slip opinion page 9, lines 17-18: Replace with cCalifornia state law>

Slip opinion page 9, line 25: After , insert Slip opinion page 28, line 5: After § 501 of the LMRDA>, insert

With this amendment, the panel has voted to deny the petition for panel rehearing and to deny the petition for rehearing en banc.

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

The petition for panel rehearing and petition for rehearing en banc are DENIED. No future petitions for rehearing or petitions for rehearing en banc will be entertained.

OPINION

This appeal presents a classic union power struggle. We must resolve whether § 501 of the Labor Management Reporting and Disclosure Act creates a fiduciary duty to the union as an organization, not merely the union’s rank-and-file members. We hold that it does.

The…