No. 18-932

James A. Osburn, et al. v. Matthew Loeb, et al.

Lower Court: Ninth Circuit
Docketed: 2019-01-18
Status: Denied
Type: Paid
Tags: association due-process due-process-rights free-speech labor-management-relations labor-management-reporting-and-disclosure-act membership-rights patronage trusteeship union-leadership
Latest Conference: 2019-04-18
Question Presented (from Petition)

1. Whether stifling robust dissent without a true
indicia of due process is tolerable when an International President cleverly imposes and quickly lifts a
trusteeship after permanently removing only dissenting leaders from office and their staff positions, while
also stripping the most vocal of even membership
rights, all within weeks of the results of the will of the
Local Union membership just exercised at the ballot
box becoming known to the International.

2. Whether Petitioners can be removed for inquiring about and objecting to a forced Studio Mechanics Locals' (SMLs) scheme across the United States
and Canada which inhibits work opportunities, is discriminatory in application and compels both speech
and association.

3. Whether the "patronage" defense should be retained in this day and age, and if so, whether it can be
used to defeat the LMRDA rights of an elected officer
removed from a nonconfidential and nonpolicy-making
staff position which Finnegan v. Leu, 456 U.S. 431, at
footnote 11 (1982) left open for resolution.

Question Presented (AI Summary)

Whether stifling robust dissent without a true indicia of due process is tolerable

Docket Entries

2019-04-22
Petition DENIED.
2019-04-09
Reply of petitioners James A. Osburn, et al. filed. (Distributed)
2019-04-02
DISTRIBUTED for Conference of 4/18/2019.
2019-03-15
Brief of respondent International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada, AFL-CIO, CLC; Matthew Loeb in opposition filed.
2019-02-04
Motion to extend the time to file a response is granted and the time is extended to and including March 21, 2019.
2019-01-31
Motion to extend the time to file a response from February 19, 2019 to March 21, 2019, submitted to The Clerk.
2019-01-10
Petition for a writ of certiorari filed. (Response due February 19, 2019)

Attorneys

International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada, AFL-CIO, CLC; Matthew Loeb
David A. RosenfeldWeinberg, Roger & Rosenfeld, Respondent
James A. Osburn, et al.
Helena Marie Sunny WiseLaw Offices of Helena S. Wise, Petitioner