Conille v. AFSCME, Council 93, No. 18-1252 (1st Cir. 2019)Annotate this Case
The First Circuit reversed the judgment of the district court finding that Local 402 never requested to appeal its deactivation to the International Executive Board (IEB) and that it failed to prove that it was deactivated in retaliation for having exercised its free-speech rights, holding that Local 402 did request an appeal to the IEB.
Local 402, which was an affiliate of Council 93, which was created by the American Federation of State, County and Municipal Employees (AFSCME) represented Massachusetts Department of Developmental Services (DDS) employees in Waltham, Massachusetts. In 2017, Local 402 was deactivated. Local 402 later filed suit against Council 93 and AFSCME alleging three claims. The district court granted summary judgment for Local 402 for one count but ruled in favor of Council 93 as to the remaining counts. Local 402 filed a notice of appeal, but the district court held that Local 402 did not preserve its appeal rights. The First Circuit reversed, holding that Local 402 exercised its right to appeal to the IEB.