1619 Pollard v. Local Union 7777 Executive Board

Case No: 1619


We agree with the finding of the IEB that the charges failed to satisfy the requirements of Article 31, §3(c), of the Constitution in that they do not allege a violation of the Constitution or conduct unbecoming a union member. The offense alleged by Pollard was the distribution of a leaflet advocating ratification of a negotiated contract. We have consistently held that leaflets distributed in the context of political campaigns are protected by the guarantee of free speech set forth in the Ethical Practices Codes. Pollard’s interpretation of Franks’ leaflet as an attack on employees entitled to protection under the Family and Medical Leave Act does not deprive it of the broad protection provided to political speech under the UAW Constitution and the Ethical Practices Codes. One member’s personal interpretation cannot be grounds for abridging protections designed to foster debate on issues of importance to UAW members.