1747 Local Union 2865 et al. in the matter of Brumbaugh v. Local 2865 Joint Council

We do not need to conduct a detailed investigation into whether any of appellants’ speech crossed over into the very narrow limitations on freedom of expression described in the Ethical Practices Codes. The essential question raised by this appeal is whether a local union, acting in response to a motion presented at a membership meeting, may adopt its own official position on an issue that is contrary to one endorsed by an International Union President and affirmed by the Regional Director as the official position of the UAW. The answer to that question under the UAW Constitution is that it may not. The local union’s announcement of the membership’s resolution demonstrates that appellants intended to associate the prestige and standing of the UAW with a position contrary to the one described by the Regional Director. The motion adopted by the local union purporting to give UAW backing to the BDS movement was beyond the authority of Local Union 2865 and so was properly nullified by the IEB.