The Executive Board of Theatrical Stage Employees Local 44 voted unanimously to expel local president James Myers from membership for allegedly accepting a $100 bribe from a prospective union member. The verdict was rendered after a hearing before a 17-person Internal Union Conduct Board at which Myers maintained his innocence of any wrongdoing. Myers had told the local secretary, Don Bennaducci, before the hearing that he had accepted the $100 to buy a truck camper cap as a favor for the prospective member and not to illegally advance the individual's seniority as was alleged. However, Myers learned that before the board made its decision, Bennaducci, who served as union prosecutor at the hearing, told one individual, Joe Peck, an Executive Board member, that Myers had told him he accepted the money "for a favor" and "admitted the act alleged against him." Bennaducci then asked Peck to remove him self as nonvoting chairman at the hearing and function as a voting board member. Peck complied with this request and later joined in the vote to expel Myers.
Myers sued the union, claiming that his right to a full and fair hearing under Section 101(a)(5) of the LMRDA was violated because Peck could not function as an impartial trier of fact after his conversation with Bennaducci. The union contended that the court must give great deference to union disciplinary hearings and claimed that Peck's vote did not make a great difference in the final decision of the unanimous 17-member board.
Has Myers been denied a full and fair hearing in violation of Section 101(a)(5)? Decide. [Myers v. Theatrical Stage Employees, 109 LRRM 2799 (9th Cir.)]