Lamb v. Miller

487 F. Supp. 1188, 105 L.R.R.M. (BNA) 2519, 1980 U.S. Dist. LEXIS 12384
CourtDistrict Court, District of Columbia
DecidedApril 11, 1980
DocketCiv. A. No. 79-1579
StatusPublished
Cited by3 cases

This text of 487 F. Supp. 1188 (Lamb v. Miller) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lamb v. Miller, 487 F. Supp. 1188, 105 L.R.R.M. (BNA) 2519, 1980 U.S. Dist. LEXIS 12384 (D.D.C. 1980).

Opinion

MEMORANDUM OPINION

BARRINGTON D. PARKER, District Judge:

The plaintiff Floyd H. Lamb is a member of the United Mine Workers of America (UMWA) and at one time served as a District 6 representative to and member of the International Executive Board (IEB). While serving as a representative he was charged with insubordination in that he failed and refused to account for expenditure of union funds as required by the UMWA Constitution and law. Because of his refusal he was first suspended as District 6 representative by the Union’s president Arnold Miller. The suspension was sustained by the IEB. President Miller then removed Lamb from office because of his continued failure to submit the required accounting. Miller’s removal action was sustained by the IEB. Later Lamb submitted certain documents, purporting to comply with the request for an accounting. He was advised that the submissions were unacceptable, since they were incomplete and did not comply with the Union’s requirements. On October 28, 1979, the IEB again voted to remove Lamb from office by a vote of 21-1.

[1189]*1189Lamb brought this action in June 1979 naming Miller and the UMWA as defendants asserting that their actions were unlawful and otherwise violated his rights under the Labor-Management and Disclosure Act of 1959, 29 U.S.C. §§ 411(a)(1), (a)(2), (a)(4) and 529. Specifically he seeks an order declaring that he is a member of the IEB; an order enjoining the defendants from interfering with and refusing to allow his participation as an IEB member; and finally, damages consisting of salary and benefits he would have received as a member of the IEB. Anthony Bumbico, a UMWA member, residing in District 6 joined Lamb as a co-plaintiff. Bumbico claims that he and his fellow UMWA members of District 6 have been unlawfully deprived of representation on the IEB and that their statutory rights have also been violated.

Lamb’s complaint charges that his suspension and removal were politically motivated and retaliatory measures because of his challenge and opposition to Miller’s leadership and policies as the president of the Union. Early in the proceedings he applied for and was denied a preliminary injunction. The defendants also filed and argued a motion for summary judgment. That motion was denied. The parties were then directed to exhaust discovery and pre-trial proceedings were completed.

Presently before the Court is a second motion for summary judgment filed by the defendants. The memoranda of points and authorities, the stipulation of facts by counsel for the parties, transcripts of IEB meetings,

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Bluebook (online)
487 F. Supp. 1188, 105 L.R.R.M. (BNA) 2519, 1980 U.S. Dist. LEXIS 12384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lamb-v-miller-dcd-1980.