NIENABER v. OHIO VALLEY CARPENTERS DIST. COUNCIL

No. 79-3518.

652 F.2d 1284 (1981)

Don H. NIENABER; Edward N. Robinson; Charles E. Clarke; Joseph B. Bremke, Sr.; Charles Hubbard; William Roberts; Alvie Gray; Henry Nelson; William L. Stephens; Joe Hawkins; James Kuth; Pete Claug; Carpenters Local Union No. 698; Carpenters Local Union No. 1477; Carpenters Local Union No. 703; Carpenters Local Union No. 637; Ed Kuderer; Hans Schiffer; Darryl Kemper; Pat Kuderer; Ralph Langefeld; Dan Read; Biff Read; Richard Sturgeon; and John Huhn, Plaintiffs-Appellants, v. OHIO VALLEY CARPENTERS DISTRICT COUNCIL; and Arthur Galea, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 6, 1981.


Attorney(s) appearing for the Case

Richard C. Curry, Cincinnati, Ohio, for plaintiffs-appellants.

Frederick G. Cloppert, Jr., Columbus, Ohio, for defendants-appellees.

Before MERRITT and JONES, Circuit Judges, and PHILLIPS, Senior Circuit Judge.


MERRITT, Circuit Judge.

Plaintiffs, several union members and four local unions, appeal from a judgment for defendants in an action under the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C. § 411(a). The issue on appeal is whether plaintiffs are entitled to relief from union bylaws and constitution that were adopted by a mail-out ballot not in conformity with the referendum procedures of the then-applicable union constitution and bylaws.

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