Gavin v. Structural Iron Workers Local No. 1

FAIRCHILD, Chief Judge.

In this appeal we are asked to consider whether appellants have adequately stated a claim that they are members, and thus entitled to the “equal rights and privileges” of membership in the defendant local union, as required by the Labor-Management Reporting and Disclosure Act, 29 U.S.C. § 411. Jurisdiction over the subject matter of this case was based on § 102 of the Act, 29 U.S.C. § 412, which provides a cause of action for “[a]ny person whose rights . have been infringed by any violation” of the Act. The district court dismissed the appellants’ complaint, however,…