PAWLAK v. GREENAWALT

Nos. 79-2587, 79-2780.

628 F.2d 826 (1980)

John A. PAWLAK and James Stafford v. Charles E. GREENAWALT; Local Union No. 764, Teamsters, Chauffeurs, Warehousemen and Helpers; Teamsters Joint Council No. 53; and International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Charles E. Greenawalt and Local Union No. 764, Teamsters, Chauffeurs, Warehousemen and Helpers, Appellants.

United States Court of Appeals, Third Circuit.

Decided August 20, 1980.


Attorney(s) appearing for the Case

Paul Alan Levy, argued, Arthur L. Fox, II, Alan B. Morrison, Public Citizen Litigation Group, Washington, D. C., for appellees. Robert M. Baptiste, argued, Gary S. Witlen, Washington, D. C., John J. Dunn, Sr., Scranton, Pa., for International Broth. of Teamsters, Chauffeurs, Warehousemen and Helpers of America.

Ira H. Weinstock, Paul J. Dellasega, Harrisburg, Pa., for appellants Greenawalt and Local Union 764.

Before ADAMS, VAN DUSEN and HIGGINBOTHAM, Circuit Judges.


OPINION OF THE COURT

ADAMS, Circuit Judge.

The principal issue presented on this appeal is whether the Labor-Management Reporting and Disclosure Act, 29 U.S.C. §§ 401-531 (1976), prevents a union from fining one of its members, pursuant to a provision in the union's constitution, for suing the union without first exhausting internal union procedures. The district court, in granting summary judgment for the plaintiffs, held that such a fine is invalid...

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