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McPhetridge v. IBEW, Local Union No. 53

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Submitted: April 14, 2009

Before LOKEN, Chief Judge, COLLOTON, Circuit Judge, and ROSENBAUM,*fn1 District Judge.

In June 2003, Local 53 of the International Brotherhood of Electrical Workers (“IBEW”), based in Kansas City, charged IBEW members Gerald McPhetridge, Larry Stevens and Willie Choate (“Plaintiffs”) with having violated Article XXV, § 1(Q), of the IBEW Constitution by working for a non-union contractor, Hartman and Company, in Springfield, Missouri. When Plaintiffs failed to attend the scheduled hearing, Local 53′s Trial Board sustained the charges and fined each Plaintiff $5,000. Rather than appeal to the IBEW’s international vice president, as Article XXV expressly authorized, Plaintiffs continued working for Hartman, and refused to pay the fines. The dispute landed in state court, which concluded that it lacked jurisdiction to consider claims or defenses under the Labor-Management Reporting and Disclosure Act (“LMRDA”), 29 U.S.C. §§ 401 et seq. Plaintiffs then brought this federal court action, alleging that the discipline violated their free speech and due process rights under 29 U.S.C. § 411(a)(2) and (5). The district court*fn2 dismissed the due process claims on the ground that Plaintiffs failed to exhaust available intra-union remedies. Plaintiffs appeal. We affirm.

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