Sheet Metal Workers v. Lynn

In Sheet Metal Workers v. Lynn (1989) 488 U.S. 347 109 S. Ct. 639, 102 L. Ed. 2d 700, another discharged business agent brought a lawsuit against a local union, claiming a violation of the LMRDA. The Supreme Court held that Finnegan did not control because the business agent was an elected, rather than an appointed official. It stated: "The consequences of the removal of an elected official are much different. To begin with, when an elected official . . . is removed from his post, the union members are denied the representative of their choice." (Sheet Metal Workers, supra, at p. 355 109 S. Ct. at p. 644-645.) The agent was therefore allowed to maintain his cause of action under section 102 of the LMRDA (29 U.S.C. 412).