Mackay

MEMORANDUM *

Bernard Mackay appeals the district court’s judgment following a bench trial in favor of Aircraft Mechanics Fraternal Association and its Seattle Local 14 (collectively, “the Union”). This case is on its second trip to this court. On the last visit, we reversed the district court’s summary judgment in favor of the Union “[bjecause there [were] genuine issues of material fact, and of law, in dispute as to whether Mackay was a member of the Union.” Mackay v. Aircraft Mechanics Fraternal Ass’n, 85 Fed.Appx. 605, 606 (9th Cir. 2004). We remanded for the district court to resolve the question of Macka/s membership in the Union and, depending on the outcome of that determination, to reach the other issues raised by the parties. Id. at 606-07 .

The district court conducted a four-day bench trial and issued a memorandum and *678 decision with its findings of fact and conclusions of law on March 22, 2005. Among other things, the court concluded that Mackay did not affirmatively make known to the Union his election of nonmember status or invoke his right to pay nonmember agency fees rather than dues, nor did he affirmatively make known any desire to dissent from the agency…