Legal Opinion

Robert W. Wildberger Jr. v. American Federation of Government Employees, Afl-Cio and John N. Sturdivant

Court of Appeals for the D.C. Circuit

Decided August 6, 1996No. 95-7150PublishedCited by 44 opinions

1Opinion of the Court

TATEL, Circuit Judge:

The former president of a local union representing government employees argues that his removal from office by the parent union violated his right to a “full and fair hearing” as guaranteed by the Labor-Management Reporting and Disclosure Act. We agree. Because the local’s president was a vocal critic of the president of the parent union, the latter’s use of a disciplinary procedure in which he initiated the investigation, determined probable cause, and served as the final adjudicator posed a sufficiently high risk of bias to violate the requirements of the LMRDA.

I

Plaintif…

2Cases cited12 opinions

  1. Withrow v. LarkinSupreme Court of the United States · 1975
  2. In Re Murchison.Supreme Court of the United States · 1955
  3. United States v. MorganSupreme Court of the United States · 1941
  4. Arthur Berardi v. Swanson Memorial Lodge No. 48 of the Fraternal Order of PoliceCourt of Appeals for the Third Circuit · 1990
  5. Celli v. ShoellCourt of Appeals for the Tenth Circuit · 1994

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3Cited by44 opinions

  1. United States of America, Charles M. Carberry v. International Brotherhood of Teamsters, Ron Carey & William HamiltonCourt of Appeals for the Second Circuit · 2001
  2. Richard Dean Sawyer, III v. American Federation of Government Employees, Afl-Cio and John SturdivantCourt of Appeals for the Second Circuit · 1999
  3. Cunningham v. Local 30, International Union of Operating EngineersDistrict Court, S.D. New York · 2002
  4. Adams v. American Federation of StateDistrict Court, D. Maryland · 2016
  5. Hudson v. Am. Fed'n of Gov't Emps.Court of Appeals for the D.C. Circuit · 2018

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