Carlyle Bernard and John Simino v. Local 100, Transport Workers Union of America, Afl-Cio

Appellants Carlyle Bernard and John Simino are members of the Coney Island Overhaul Section of the Car Maintenance Division of Local 100, Transport Workers Union of America, AFL-CIO. Simino nominated Bernard for election to the Section’s position of Recording Secretary. However, Bernard was denied a place on the ballot because of a union by-law that requires candidates running for Section or Division office to have attended at least five (5) or fifty percent (50%) of the combined Section and Division meetings in the twelve-month period immediately preceding the month in which nominations for…