Legal Opinion · Concurring in the judgment

Alex Corns v. Laborers International Union

Court of Appeals for the Ninth Circuit

Decided March 7, 2013No. 11-15737Published

1Concurring in the judgmentBybee, Circuit Judge

Although I concur in the judgment, I write separately to express my differing views about the proper interpretation of § 101(a)(3) of the Labor-Management Reporting and Disclosure Act (“LMRDA” or “Act”), 29 U.S.C. § 411(a)(3).1 The major*917ity concludes that subsections (A) and (B) of § 101(a)(3) “provide alternative methods for increasing dues or initiation fees or levying assessments” payable by members of a local labor organization. Maj. Op. at 910-12. The majority acknowledges that this interpretation leaves open the possibility that it is lawful under the LMRDA for a larger umbrella labor…

2Cases cited11 opinions

  1. Wirtz v. Glass Bottle BlowersSupreme Court of the United States · 1968
  2. American Federation of Musicians v. WittsteinSupreme Court of the United States · 1964
  3. Dorothy Ranes v. Office Employees International Union, Local No. 28Court of Appeals for the Seventh Circuit · 1963
  4. Benjamin R. Burroughs, William H. Gault and William T. Keane v. Operating Engineers Local Union No. 3 Dale Marr and Harold HustonCourt of Appeals for the Ninth Circuit · 1982
  5. White v. Local No. 207 of Laborer's International UnionDistrict Court, W.D. Louisiana · 1974

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