Legal Opinion · Dissent

Members for a Better Union v. Bevona

Court of Appeals for the Second Circuit

Decided July 15, 1998No. 1836, Dockets 97-9591, 98-7129 and 98-7139Published

1DissentVan Graafeiland, Circuit Judge

The essence of my disagreement with my colleagues is found in the following excerpt from the majority opinion:

The district court found that a previous vote conducted by the local had violated members’ rights under § 101(a)(1) of the Labor-Management Reporting and Disclosure Act (“LMRDA”), 29 U.S.C. § 411(a)(1) (1985), and that there was a genuine threat of future violations. We conclude that the complaint does not allege a violation of § 101(a)(1), which bars unequal treatment of union members in the exercise of their voting rights, and that any exception to that scope of the statute is…

2Cases cited11 opinions

  1. Bell v. HoodSupreme Court of the United States · 1946
  2. Land v. DollarSupreme Court of the United States · 1947
  3. Richard Augustine v. United StatesCourt of Appeals for the Ninth Circuit · 1983
  4. Calhoon v. HarveySupreme Court of the United States · 1964
  5. Augusta Clark v. Tarrant County, TexasCourt of Appeals for the Fifth Circuit · 1986

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