Local 1357 of the International Brotherhood of Electrical Workers (IBEW) found Kellerman, the Business Manager and Financial

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Local 1357 of the International Brotherhood of Electrical Workers (IBEW) found Kellerman, the Business Manager and Financial Secretary of the local, guilty of spending $80,499.92 without proper documentation and authorization, in violation of the IBEW Constitution, the local’s bylaws, rules, and policies. Kellerman was barred from holding office for five years and ordered him to make restitution of $80,499.92 to the local or face expulsion from the union. Three years later, Kellerman announced his intention to seek election as Business Manager of the local. The local election committee ruled that he was not eligible for election because the five year restriction on his holding office had not expired. Kellerman sued the local union, alleging that the restriction on his eligibility to run for office violated the LMRDA.

How should the court rule on Kellerman’s suit?Why?

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Employment And Labor Law

ISBN: 9781439037270

7th Edition

Authors: Patrick J. Cihon , James Ottavio Castagnera

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