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- Subject: MASTERS, MATES & PILOTS v. BROWN, Syllabus
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-
-
- NOTE: Where it is feasible, a syllabus (headnote) will be released, as
- is being done in connection with this case, at the time the opinion is
- issued. The syllabus constitutes no part of the opinion of the Court
- but has been prepared by the Reporter of Decisions for the convenience
- of the reader. See United States v. Detroit Lumber Co., 200 U.9S. 321,
- 337.
- SUPREME COURT OF THE UNITED STATES
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-
- Syllabus
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-
- AINTERNATIONAL ORGANIZATION FOR MASTERS, MATES & PILOTS et al. v. BROWN
-
- Bcertiorari to the united states court of appeals for the fourth circuit
-
- CNo.989-1330. Argued November 27, 1990--Decided February 20, 1991
-
- DRespondent, an unsuccessful candidate in prior elections of petitioner
- Union, advised the Union that he would be a candidate in the upcoming 1988
- election and requested that he be provided with mailing labels so that he
- could arrange for a timely mailing of election literature to members prior
- to the Union's nominating convention. The request was denied because a
- Union rule prohibited such preconvention mailings. Respondent filed suit
- under 9401(c) of the Labor Management Reporting and Disclosure Act of 1959
- (LMRDA), which places every union "under a duty, enforceable at the suit of
- any bona fide candidate .9.9.9, to comply with all reasonable requests of
- any candidate to distribute by mail or otherwise at the candidate's expense
- campaign literature .9.9.9." The District Court entered a preliminary
- injunction in respondent's favor, ruling, inter alia, that 9401(c)'s clear
- language required it to focus on the reasonableness of respondent's request
- rather than on the reasonableness of the Union rule under which the request
- was denied, that the request was clearly reasonable, and alternatively,
- that the Union rule was invalid. The Court of Appeals affirmed.
-
- EHeld: Section 401(c) does not require a court to evaluate the
- reasonableness of a union rule before it decides whether a candidate's
- request was reasonable. Pp.97-12.
-
- F(a) It is undisputed, first, that the case is not moot even though
- respondent's campaign literature has been distributed and he lost the
- 1988 election because he has run for office before and may well do so
- again, and the likelihood that the Union rule would again present an
- obstacle to his preconvention mailing makes this controversy
- sufficiently capable of repetition to preserve this Court's
- jurisdiction; second, that respondent was a "bona fide candidate"
- within 9401(c)'s meaning when he made his preconvention request; and,
- third, that there is no basis for contending that the request was not
- "reasonable" under 9401(c) apart from the fact that it violated the
- Union rule. Pp.97-8.
-
- (b) The text, structure, and purpose of Title IV of the LMRDA all
- demonstrate that 9401(c) simply prescribes a straightforward test: Is
- the candidate's distribution request reasonable? The section's
- language plainly requires unions to comply with "all reasonable
- requests" (emphasis added), and just as plainly does not require union
- members to comply with "all reasonable rules" when making such
- requests. Moreover, Congress gave the candidate's 9401(c) right a
- special status not conferred upon other Title IV rights granted union
- members, which are expressly made subject to "reasonable" conditions
- imposed by unions and are judicially enforceable only in actions
- brought by the Secretary of Labor. A broad interpretation of the
- candidate's right also is consistent with the statute's basic purpose
- of insuring free and democratic union elections by offsetting the
- inherent advantage incumbent union leadership has over potential rank
- and file challengers. Furthermore, the Union's arguments supporting
- its position that a request is per se unreasonable simply because it
- conflicts with a Union rule are unpersuasive. The Union does not
- advance any other reason for suggesting that respondent's request was
- unreasonable; thus, the request must be granted. Pp.99-12.
- G889 F. 2d 58, affirmed.
-
- H Stevens, J., delivered the opinion for a unanimous Court.
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