I found myself in a contentious discussion on a private Facebook group page recently that reminded me of Callihan v. United Ass’n of Journeymen and Apprentices (2002). The rul­ing, in this case, confirmed union members’ broad free speech rights under the federal Labor Management and Disclosure Act (LMRDA). A retired member of the United Association of Plumbers (UA), Local 7 (L7) created this group some years back, intending to bring retired and active members together as a way of promoting union solidarity. The Callihan case started when Charles Callihan, a member of UA, Local 409 (CA), objected to his Business Manager’s attempt to increase membership dues without the members’ approval. The BM stated, “it’s a done deal.” Frustrated, Callihan notified the members via his newsletter about the BM’s illegal maneuver. The BM then filed charges against Callihan under Sec. 199 of the Local’s international con­stitution that forbade members from “circulat­ing letters of falsehood and misrepresentation.”

Callihan fought the charges in federal court with the help of AUD’s board member and Attorney Arthur L. Fox Il. Mr. Fox sued the UA for violating Callihan’s rights under provisions enumerated in the LMRDA. A case I followed closely. Judge Robertson of the US District Court, District of Columbia (March 6, 2002) ruled in Callahan’s favor that he had a right to notify the members and discuss the matter of his BM’s attempt to impose a union dues increase. The judge also ordered Sec. 199 excised from the UA’s constitution, ensuring that this anti-union provision did not have the chance of causing a chilling effect on mem­bers’ free speech rights. Judge Robertson stated in his ruling that:

“Every member of any labor organization shall have the right to meet and assemble freely with other members; and to express any views, argu­ments, or opinions.…”

What lead to the contentious debate on Facebook began when L7’s Business Manager (BM) during his December 2021 membership report, accused L7’s paid apprentice coordina­tor (AC) of stealing “time” in the amount of $3,000.00 over an eight month period.I took issue with the BM’s public accusation because he presented no proof or a reasonable explana­tion for such a serious charge. I know and worked with the AC and do not believe it is within his nature to steal or misappropriate funds. He emphatically denies these charges.Iposted my misgivings about the BM’s accusa­tions on the group page mentioned above that caused an intense argument, but not like you would think.

After my initial post, the conversation immedi­ately turned from my misgivings regarding the BM accusations to calls from angry members that I should not be discussing union business outside of the meeting hall, which I find ridicu­lous and border line childish. From that point forward, the conversation plunged into a melee of name calling, insults, and ridicule. One member suggested the union file charges against those members who discuss union business outside of the union walls. And that they violated the union oath. So I thought about turning an unfortunate moment into a teaching moment. I briefly explained Callihan v. United Ass’n of Journeymen and Apprentices (2002), and it serving as confirma­tion of members’ free speech rights even out­side the constraints of a union meeting. I uploaded a copy of the case and a link to the specific provisions of the LMRDA cited in this case.

For many members, this would be the first time they heard of this case or their free speech rights. Only one person, a retiree, recollected the case. The rest of the group members remained silent.Shortly after the melee, which lasted for days, the group administrator shut­down the site. I believe he was getting pressure from the union hall to shut his page down. In considering the untimely closing down of the retiree’s group page just because members dared to speak out against the status quo, I cre­ated a private FB group page for those who dare to speak out against the status quo.

Welcome to “WE THE PEOPLE FOR UNION DEMOCRACY; A VOICE FOR ALL!” As of this writing, 119 members joined this group since its launching on Christmas Day. The site guarantees an open space where members can feel comfortable talking about their union (including officials), wages, benefits, working conditions—and politics, legislation, or any other issues of importance free from bullying, harassment or threats. This group welcomes all union and family members, activists, and concerned citizens to join and engage.

Recently, I received a request from an L7 member to join the group. I asked him why he was interested in joining WE THE PEOPLE…, and he replied, “I want to learn more about my local.” Go figure!