Petramale v. Local No. 17 of Laborers' International Union
The court addresses defendants' motion for summary judgment, which argued that the plaintiff failed to exhaust internal union remedies by intentionally not appearing at a rescheduled meeting. The court denies the motion, asserting that even if the plaintiff defaulted, disciplinary actions—a ten-year suspension from meetings and a substantial fine—might have been based on an unauthorized ground (a free speech violation), which constitutes an exception to the exhaustion requirement. The opinion highlights that actions alleged to be void do not require exhaustion of administrative procedures. Furthermore, factual disputes exist regarding the International union's affirmance of the Local's order and whether the issue of free speech was properly presented on appeal. The court also rejects the defendants' argument that the case is moot due to the voluntary rescission of the suspension and fine, stating that the extent of the damages is a factual issue for the trier of fact.