– Re: AMALGAMATED & the ALL WRITS ACT
In Reply To
Next, the Court rejects Defendants’ contention that Price’s display of the sticker and expression of views constitutes “dual unionism,” precluding it from being symbolic speech protected by the LMRDA.
Simply put, dual unionism is “promoting a rival union” in a way that “impairs the ability of one’s own union to carry out its collective bargaining responsibilities by diminishing its authority as bargaining representative.” Aircraft Mechanics Fraternal Association v. Transport Workers Union of America, Local514 , 98 F.3d 597, 598-600 (10 Cir. 1996).thin Aircraft Mechanics ,the Tenth Circuit described dual unionism as “the active promotion of a rival labor organization contrary to the interests of one’s own union.” Id.at 601.Dual unionism is itself a punishable offense “leveled at a union member or -11-
officer who seeks or accepts membership or position in a rival union, or otherwise attempts to undermine a union by helping its rival.” Id.
Typically, this occurs where a member collects signatures for a rival union, files an election petition for a rival union, or distributes or encourages other individuals to sign cards authorizing a rival union to be their exclusive bargaining representative. Id.The record currently before this Court doesnotsupport the conclusion thatPrice engaged in dual unionism. Price is a proud and loyal member of his own Carpentersunion who wants to preserve that union. He vehemently disagrees with certain policiesadvocated by his current union leaders – policies he believes are antithetical to the best interests of his beloved union.
But he is not sponsored by (or sponsoring) a rival union. He has not joined a rival union and is not encouraging others to do so. Nor is Price championing a rival union against his own union. His expression of anti-Local 57 views occurred squarely within the context of his desire to reform his own union’s policies from within,not to undermine his union by helping a rival organization. He does not wish to belong to anyother union, he wants to protect and restore what he believes are the core values, history and traditions of his own union.
excerpt: Kevin Price at page 11 & 12