Eisman v. BALTIMORE REGIONAL JOINT BOARD, ETC., 73-1644.
| Decision Date | 03 June 1974 |
| Docket Number | No. 73-1644.,73-1644. |
| Citation | 496 F.2d 1313 |
| Parties | Burt EISMAN, Appellee, v. BALTIMORE REGIONAL JOINT BOARD OF AMALGAMATED CLOTHING WORKERS OF AMERICA et al., Appellants, and Amalgamated Clothing Workers of America, Defendants. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Bernard W. Rubenstein, Baltimore, Md. (Bernard P. Jeweler, and Edelman, Levy & Rubenstein, Baltimore, Md., on brief) for appellants.
Leonard J. Kerpelman, Baltimore, Md., for appellee.
Before BOREMAN, Senior Circuit Judge, and BUTZNER and RUSSELL, Circuit Judges.
Plaintiff, Burt Eisman, brought his action for damages against Amalgamated Clothing Workers of America, the Baltimore Regional Joint Board of ACWA, and two of the officers of the Regional Joint Board alleging infringement of his right to due process in that he was wrongfully expelled from membership in his local union in violation of the provisions of the Labor-Management Reporting and Disclosure Act, 29 U.S.C. § 411 et seq. Section 101(a)(5) of LMRDA (29 U.S.C. § 411(a)(5)) provides:
No member of any labor organization may be fined, suspended, expelled, or otherwise disciplined except for nonpayment of dues by such organization or by any officer thereof unless such member has been (A) served with written specific charges; (B) given a reasonable time to prepare his defense; (C) afforded a full and fair hearing.
The two Regional Joint Board officers were alleged to have acted under color of and in abuse of their authority as union officers.
For reasons set forth in an unreported Memorandum Decision the district court granted ACWA's motion for summary judgment, thus releasing ACWA from potential liability to the plaintiff and leaving as defendants only the Baltimore Regional Joint Board and its two named officers who were its manager and assistant manager.
The Regional Joint Board had served Eisman with a written notice that a disciplinary hearing would be held to consider his improper conduct at a local union meeting on October 23, 1970. When the hearing failed to begin at the appointed time, after waiting ten to fifteen minutes Eisman departed. Thereafter the Regional Board convened and, in Eisman's absence, considered not only evidence relating to the October 23 incident but also evidence of several other acts of alleged misconduct by Eisman not included in the formal charge. Subsequently Eisman was expelled from union membership.
The district court held that Eisman was...
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