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UNITED BROTH. OF CARPENTERS v. METAL TRADES DEPT.

No. 13-35095.

770 F.3d 846 (2014)

UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA; Butch Parker; Scott Flannery; William Crawford; Truman Jordan, Plaintiffs-Appellants, v. METAL TRADES DEPARTMENT, AFL-CIO; Hanford Atomic Metal Trades Council, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 28, 2014.

Attorney(s) appearing for the Case

Craig D. Singer , Williams & Connolly LLP, Washington, DC, argued the cause and filed the briefs for the plaintiffs-appellants. With him on the briefs were Charles Davant IV , Williams & Connolly LLP, Washington, DC, and Daniel M. Shanley , DeCarlo & Shanley, Los Angeles, CA.

Keith Bolek , O'Donoghue & O'Donoghue LLP, Washington, DC, argued the cause and Craig A. Power , O'Donoghue & O'Donoghue LLP, Washington, DC, filed the brief for the defendants-appellees.

Before: DIARMUID F. O'SCANNLAIN, ANDREW J. KLEINFELD, and MARSHA S. BERZON, Circuit Judges.

OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether the duty of fair representation requires unions to appoint and to remove stewards without regard to union affiliation.

I

The United Brotherhood of Carpenters and Joiners of America ("Carpenters") represents half a million workers throughout North America, including plaintiffs-appellants Butch Parker, Scott Flannery, William Crawford, and Truman Jordan. The Metal Trades Department...

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