United States Third Circuit

Adverse judgment against union members who sued a union for numerous violations of the Labor-Management Reporting and Disclosure Act (LMRDA) is reversed where: 1) the district court erred in abstaining from ruling on a claim that an article of the union constitution was overbroad and thus violated their free speech rights; 2) a failure to provide a plaintiff with an impartial hearing committee constituted a violation of section 101(a)(5) of the LMRDA; and 3) the District Court erred in finding that the union was in compliance with section 105 of the LMRDA, which requires that union members be made aware of provisions of the LMRDA.

Appellate Information

• Argued 04/21/2006
• Decided 08/14/2006
• Published 08/14/2006

Judges

• SLOVITER, Circuit Judge., Before SLOVITER, AMBRO, Circuit Judges, and DuBOIS , District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Michael J. Goldberg (Argued), Cherry Hill, NJ, Perry F. Goldlust, Wilmington, DE, for Appellants.


• For Appellees:
  
• Stephen B. Potter, Potter, Carmine Leonard & Aaronson, Wilmington, DE, Ernest L. Mathews, Jr. (Argued), Gleason & Mathews, New York, NY, for Appellee.