Christine Boardman v. Service Employees International Union, aka SEIU, et al.
Arbitration ERISA FirstAmendment DueProcess Securities LaborRelations JusticiabilityDoctri
Does a trustee of an international union during the course of a trusteeship have a right under the Labor-Management Reporting and Disclosure Act to deprive an elected local union official and member of membership rights?
QUESTIONS PRESENTED In Sheet Metal Workers’ International Association v. Lynn, 488 U.S. 347 (1989), this Court held that the Title I provisions of the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C. 411 et seq., provide free speech rights for elected union officers and members of unions. The Court also held that local union elected officials are entitled to assert these rights, even if an international union has imposed a trusteeship over the local union and its elected officials. Contrary to this Court’s holding in Lynn, the Seventh Circuit has held that the freedom of speech rights may not be extended to elected union officials when a trusteeship has been imposed on the local union. Boardman v. Service Employees International Union, et al. Case No. 22-2957 (December 26, 2023). Questions Presented: 1. Does a trustee of an international union during the course of a trusteeship have a right under the Labor-Management Reporting and Disclosure Act, 29 U.S.C. Section 411 (a) (5) to deprive an elected local union official and member of membership rights without written specific charges being filed, a reasonable time for a defense and conducting a full and fair hearing? 2. Does a trustee of an international union during the course of a trusteeship have a right under the Labor-Management Reporting and Disclosure Act, 29 U.S.C. Section 411 (a) 1 and (2) to deprive an elected union official and member of equal rights and privileges within the local union to attend regular membership meetings, to participate in the deliberations and to vote upon the business of such meetings? ii 3. Does a trustee of an international union during the course of a trusteeship have a right under the Labor-Management Reporting and Disclosure Act, 29 U.S.C. 411 (a) (2), to deprive an elected union official and member of a right to attend membership meetings and assemble freely with other members and to express views upon any business that is properly before the meeting?