Legal Opinion · Concurrence

International Union, Security, Police & Fire Professionals of America v. Faye

Court of Appeals for the D.C. Circuit

Decided July 15, 2016No. 15-7084Published

1ConcurrenceTatel, Circuit Judge

I write separately to explain why, even absent Weaver, I would conclude that LMRDA section 501 gives unions a cause of action. As I see it, the statute’s text and structure reveal Congress’s intent both to create federal rights and to allow unions to vindicate those rights in federal court. See Alexander v. Sandoval, 532 U.S. 275, 286, 121 S.Ct. 1511, 149 L.Ed.2d 517 (2001) (“The judicial task is to interpret the statute Congress has passed to determine whether it displays an intent to create not just a private right but also a private remedy. Statutory intent on this latter point is…

2Cases cited7 opinions

  1. Alexander v. SandovalSupreme Court of the United States · 2001
  2. Ross v. BernhardSupreme Court of the United States · 1969
  3. Karahalios v. National Federation of Federal Employees, Local 1263Supreme Court of the United States · 1989
  4. International Union of Operating Engineers, Local 150 v. WardCourt of Appeals for the Seventh Circuit · 2009
  5. Building Material & Dump Truck Drivers, Local 420 v. TraweekCourt of Appeals for the Ninth Circuit · 1989

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