International Brotherhood of Boilermakers v. Hardeman

George Hardeman (plaintiff) was a member of the International Brotherhood of Boilermakers, Local Lodge 112 (the union) (defendant). An employer friend of Hardeman’s promised to ask for Hardeman by name at the union hiring hall for a job. Herman Wise was the union officer responsible for referring workers at the hiring hall. Wise would not commit to referring Hardeman to the job, and Hardeman threatened violence if he did not get work soon. Two days later, Hardeman and Wise had an altercation at the hiring hall. Hardeman presented a telegram from an employer asking for Hardeman by name, and as Wise read the telegram, Hardeman began punching Wise. Thereafter, Hardeman was served with written notice of a union disciplinary proceeding against him for two charges based on the fight. The notice included one charge of creating dissension in the union and one charge of threatening to use violence against an officer to prevent the officer from performing his duties. Both violated specified provisions of the union constitution and bylaws. Based on competent-witness testimony, Hardeman was convicted of the two charges by the union’s trial committee. The union’s penalty was to expel Hardeman from the union indefinitely. Years later, Hardeman sued the union, alleging that the union violated his hearing right under the Labor-Management Reporting and Disclosure Act (LMRDA). The trial judge decided in Hardeman’s favor, finding that there had been no evidence at all to support the creating-dissension charge, which carried the penalty of expulsion. The court of appeals affirmed. The matter came before the Supreme Court.