Organizer cannot sue Union as he was in policy-making position
Mark Packowski sued United Food and Commercial Workers Local 951, claiming he was wrongfully discharged in violation of the Union's "just cause" employment contract. He also alleged that he was fired in retaliation for refusing to contribute to the Defendant's legal defense fund and for cooperating with a Department of Labor investigation of the Local's election activities. The trial court concluded that Packowski could not pursue his state law claims because they had been preempted by federal law governing union elections and leadership. The Court of Appeals agreed, holding that the Labor Management Reporting and Disclosure Act, adopted to ensure Union democracy, allowed elected union presidents to terminate and replace policy-making employees. The Court concluded that any other policy would deny the rank-and-file members the right to change union policy through democratic means.