Frank Ackley and Steven Cole v. Western Conference of Teamsters

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that there was no Section 411(a)(1) violation where all union members received “the same type and amount of information” and had “identical rights to speak”
• noting unsettled authority between nondisclosure versus deliberate misrepresentations within the duty of fair representation
• stating this court will not reverse evidentiary rulings absent a showing of prejudice
• even assuming that nondisclosure could support a fair representation claim, plaintiffs failed to show how such nondisclosure would have changed the vote
• “It is the defendant, not the plaintiff, who must demonstrate that the alleged wrong will not 21 recur.”
• “It is the defendant, not the plaintiff, who must demonstrate that the alleged wrong will not 20 recur.”

Source: CourtListener parenthetical corpus (CC0).