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SALZHANDLER v. CAPUTO

No. 138, Docket 27756.

316 F.2d 445 (1963)

Solomon SALZHANDLER, Plaintiff-Appellant, v. Louis CAPUTO, as President, or Martin Rarback, as Secretary-Treasurer of District Council 9 of New York City, Brotherhood of Painters, Decorators and Paperhangers of America, Isadore Webman, individually and as President, or Sam Goldstein, as Treasurer of Local Union 442, Brotherhood of Painters, Decorators & Paperhangers of America, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided April 18, 1963.

Attorney(s) appearing for the Case

Burton H. Hall, New York City, for plaintiff-appellant.

Harold Dublirer, New York City (Michael A. Buonora, New York City, on the brief), for defendants-appellees.

Before LUMBARD, Chief Judge, and CLARK and KAUFMAN, Circuit Judges.

LUMBARD, Chief Judge.

This appeal raises an important question of the rights of union members under the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C. §§ 401-531: whether a union member's allegedly libelous statements regarding the handling of union funds by union officers justify disciplinary action against the member and his exclusion from any participation in the affairs of the union for five years, including speaking and voting at meetings...

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