William J. Brennan, Jr.

“ XIII, § 1, of the Subordinate Lodge Constitution, which forbids attempting to create dissension or working against the interest and harmony of the union, and carries a penalty of expulsion. [7] He was also charge with violation of Art. XII, § 1, of the Subordinate Lodge By-Laws, which forbids the threat or use of force against any officer of the union in order to prevent him from properly discharging the duties of his office; violation may be punished 'as warranted by the offense.' [8] Hardeman's conviction on both charges was upheld in internal union procedures for review. ”

“ Of course, § 101 (a) (5) (A) requires that a member subject to discipline be 'served with written specific charges.' These charges must be, in Senator McClellan's words, 'specific enough to inform the accused member of the offense that he has allegedly committed.' [12] Where, as here, the union's charges make reference to specific written provisions, § 101 (a) (5) (A) obviously empowers the federal courts to examine those provisions and determine whether the union member had been misled or otherwise prejudiced in the presentation of his defense. ”

“ Respondent does not suggest, and we cannot discern, any possibility of prejudice in the present case. Although the notice of charges with which he was served does not appear as such in the record, the transcript of the union hearing indicates that the notice did not confine itself to a mere statement or citation of the written regulations that Hardeman was said to have violated: the notice appears to have contained a detailed statement of the facts relating to the fight that formed the basis for the disciplinary action, [13] Section 101 (a) (5) requires no more. ”

“ A stricter standard, on the other hand, would be inconsistent with the apparent congressional intent to allow unions to govern their own affairs, and would require courts to judge the credibility of witnesses on the basis of what would be at best a cold record. ”

“ Since these questions are irrelevant to the legality of conduct under the National Labor Relations Act, there is no danger of conflicting interpretation of its provisions. And since the law applied is federal law explicitly made applicable to such circumstances by Congress, there is no danger that state law may come in through the back door to regulate conduct that has been removed by Congress from state control. Accordingly, this action was within the competence of the District Court. [6]
Two charges were brought against Hardeman in the union disciplinary proceedings. ”

“ Section 101 (a) (5) began life as a floor amendment to S. 1555, the Kennedy-Ervin Bill, in the 86th Congress. As proposed by Senator McClellan, and as adopted by the Senate on April 22, 1959, the amendment would have forbidden discipline of union members 'except for breach of a published written rule of (the union) .' 105 Cong.Rec. 6476, 6492-6493. But this language did not long survive. Two days later, a substitute amendment was offered by Senator Kuchel, who explained that further study of the McClellan amendment had raised 'some rather vexing questions.' Id., at 6720. ”