Timothy A. Brown v. Robert J. Lowen, F. Elwood Kyser, and International Organization of Masters, Mates, and Pilots

I cannot agree with the majority that IOMPP has failed to comply with its duty to honor a reasonable request by a candidate for union office. In my view, a request for mailing that conflicts with the established internal procedures of a union is per se unreasonable unless the union’s procedures are shown to be unfair or discriminatory. By affirming the district court’s contrary conclusion, the majority has today adopted an unduly restrictive interpretation of the Labor Management Reporting and Disclosure Act (“LMRDA” or “the Act”) that is inconsistent with the statutory purpose and in clear…