The principal argument against the protection of union officers is founded on the statutory language of the LMRDA. Every phrase, word, and punctuation that Congress uses in an Act contributes to its meaning. Therefore, a court should consider the language of a text when interpreting an Act. If every word that Congress’s uses is deliberate, then their omission of a word is also deliberate. Therefore, a court should also consider words that Congress does not include in the text when interpreting an Act. The LMRDA refers to the rights of “any member” or “every member.” 29 U.S.C. §411. The Act does not mention “the rights of union officers or employees” Sheridan v. Carpenters, 50 LRRM 2637, 2640 (3d Cir. 1962). Congress must have intended to excluded…show more content… If Congress refers to a broad category, ejusdem generis applies and a court may construct the category based on given examples in the text. Miller v. Holden 95 LRRM 2152 (5th Cir. 1976). The LMRDA protects union members from “fine, suspension, expulsion, or otherwise discipline” in retaliation to free speech. 29 U.S.C. §529. However, Congress did not provide specific guidelines as to what actions qualify as “otherwise discipline.” Therefore, the court in Sheridan v. Carpenters, 50 LRRM 2637 (3d Cir. 1962) defined discipline in §529 based on the nature of the enumerated sanctions. Fine, suspension, and expulsion are forms of discipline that affect a worker’s status as a union member because they separate a member from those in good standing. Miller. A union issues one of these sanctions in order to correct membership behavior by depriving them of their membership rights. Therefore, fine, suspension, and expulsion reflect Congress’s intent to protect “members qua members” (p. 2640). A sanction must be related to a worker’s membership status in order to constitute discipline. Miller. Removal from office; however, does not change a worker’s membership status, and only removes his privileges as a leader. Sheridan. Therefore, removal from office is not discipline, and officers are not protected by the
