Trail v. Local 2850 UAW, No. 12-1632 (4th Cir. 2013)Annotate this Case
After being fired by General Dynamics, plaintiff sued the local affiliate, the UAW and UAW's regional office, alleging that two local union officials violated the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), 29 U.S.C. 101, 102, 609, by retaliating against her for reporting their supposed misconduct to the regional office. The district court dismissed the complaint for failure to state a claim. While the court thought that the district court ruled too broadly against the speech rights of union members under the LMRDA, the court nonetheless affirmed its judgment on narrower grounds. The content of plaintiff's speech - that the president and vice president viewed pornography on a Union computer on a single occasion - was not a matter of union concern. Plaintiff failed to point to a single action by the Union as a whole, let alone a Union action that was the result of an established Union disciplinary process.