GEWIN, Circuit Judge:
This appeal illustrates the recurring problem of accommodating two conflicting policies: the policy that the courts should abstain from interfering with the internal management of labor unions and the policy that the courts should protect fundamental rights of individual labor union members which Congress has denominated collectively as the "Bill of Rights of Members of Labor Organizations", under the Labor Management Reporting and Disclosure Act of 1959 (LMRDA), 29 U.S.C. § 401 et seq. (1959).
In this action against the Grand Lodge of the International Association of Machinists and Aerospace Workers (Union) appellant Sewell, who was employed as a Grand Lodge Representative of the defendant Union, alleges that he was wrongfully discharged from his office by the president of the Union. He asserts that he was discharged because he exercised the rights of free speech and assembly and guaranteed to him by the Act in sections 101(a) (1) and (2), 29 U.S.C. § 411(a) (1) and (2),
The basic facts underlying the allegations of the complaint have been subject to lengthy inquiry and extensive review prior to this appeal. Concerning these facts no dispute appears to exist since they are discussed without contradiction by the parties; moreover, these facts as argued correspond essentially with the facts found by this court in the companion case, Nix v. N. L. R. B.
On December 22, 1966, Sewell received a letter from President Siemiller which made reference to reports that he (Sewell) was actively opposing a proposal of the executive council of the Union.
Statute of Limitations
In view of the foregoing facts we consider first, the Union's contention that Sewell's claim is barred by the applicable Alabama statute of limitations.
The Union insists that Sewell's action is ex delicto, an action for injury to personal rights guaranteed by law, and, therefore, subject to the one year Alabama statute of limitations for tort actions.
Examining Sewell's complaint we note at the outset that no mention is made of a contract.
Even if Sewell's complaint was not barred by the statute of limitations, we are of the opinion that he should be denied relief. We fully concur with his contention that each member of a labor union is guaranteed the right of free expression as well as the right to participate freely in the union's democratic processes. Disciplinary action for the exercise of such rights offends the terms of the Labor Management Reporting and Disclosure Act. Moreover, the rights of free expression, and assembly as well as other rights protected by the statute may be exercised fully and freely by any member of the union; the mere fact that a member is an appointed or elected official of the union does not destroy his statutory rights.
To permit an individual to accept union employment, to receive union pay, and to enjoy the prestige of a union position, while spending his employer's time opposing the plans and policies he was employed to execute, would in our judgment, be unreasonable. All employees, whether they work for a union or a large commercial company, may be required at times to subordinate personal expression to the responsibilities of their employment. An essential and elemental ingredient of all employment is basic loyalty by employees to the employer in performing the duties of the job for which they were hired.
To hold that a union has no right to discharge an employee for insubordination under the facts of his case would, we believe, seriously detract from effective, cohesive union leadership. The result might well be weak, ineffective
Considering all the facts involved, it is our conclusion, limited to the particular facts and circumstances of this case, that the Union had the right to terminate the appellant's employment for insubordination.
Alternatively, the Union contended that the action was barred by the federal policy of limitations stated in other federal statutes of limitations applicable to other federally created rights of action involving personal rights and employment rights. The federal statutes relied upon are the following:
Dealing specifically with Sewell's discharge, the court further found:
The nature of Sewell's cause of action is succinctly stated in his complaint as follows:
As Judge Godbold indicates in Fulton Lodge No. 2 of Int. Ass'n of Mach. & Aero. Wkrs. v. Nix, supra, 415 F.2d at 217, especially n. 11, the cases indicate a distinction between union-employee and union-officer rights under the Act as compared with "union-member" rights. See also Nelms v. United Ass'n of Journeymen & App. of Plumbing, 405 F.2d 715 (5th Cir. 1968); Saltzhandler v. Caputo, 316 F.2d 445 (2d Cir. 1963); Seeley v. Brotherhood of Painters, 308 F.2d 52 (5th Cir. 1962); Sheridan v. United Brotherhood of Carpenters, 306 F.2d 152 (3d Cir. 1962).
The Union argues vigorously in this court that the issues presented in the instant case have already been adjudicated in our Nix decision. It relies on the principle of collateral estoppel and res judicata. See Blonder-Tongue Laboratories v. Univ. of Illinois Fd., 402 U.S. 313, 91 S.Ct. 1434, 28 L.Ed.2d 788 (1971); Ashe v. Swenson, 397 U.S. 436, 90 S.Ct. 1189, 25 L.Ed.2d 469 (1970); Tampa Phosphate RR Co. v. Seaboard Coast Line RR Co., 418 F.2d 387 (5th Cir. 1969); Seguros Tepeyac, S. A., etc. v. Jernigan, 410 F.2d 718 (5th Cir. 1969); 1B Moore 633 ¶ 0.405 . The record does not disclose that this issue was presented in the district court and therefore we decline to consider it here. See Barrett v. Browning Arms Co., 433 F.2d 141 (5th Cir. 1970); Nix v. N.L.R.B., supra, 418 F.2d at 1009.