Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

McPhetridge v. IBEW, Local Union No. 53

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
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.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
General Counsel Conference Midwest: SuperConference 2025
April 08, 2025 - April 09, 2025
Chicago, IL

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
BUSINESS LITIGATION ATTORNEY -- HARTFORD, CT

McCarter & English, LLP is actively seeking a litigation associate for its office located in Hartford, CT. One to three years of experie...


Apply Now ›
Associate Litigator

Borteck & Czapek, P.C., based in Florham Park, is a boutique estates and trusts law firm specializing in estate planning and administrat...


Apply Now ›
Gwinnett County: State Court Staff Attorney

Gwinnett County State Court is seeking an attorney to assist the Judge by conducting a variety of legal research, analysis, and document pre...


Apply Now ›
Go to Lawjobs

The American Lawyer provides the most informed and trusted source of news, data, analysis and forecasting on the global business of law.

News
Surveys & Rankings
Special Packages
American Lawyer