Hall v. Cole

Background

A union expelled a member, and a federal court reviewing that expulsion in a Section 102 proceeding found the expulsion violated Section 101(a)(2) and ordered the member restored to membership. The lower court considered whether it could also award the member’s attorney reasonable counsel fees. The Supreme Court granted review limited to two specific questions presented by the petition. The Court also allowed the respondent to proceed in forma pauperis, and Justice Marshall did not participate in the consideration or decision of the motion and petition.

Reasoning

The two questions the Court agreed to answer ask, in plain terms, about the scope of a judge’s power after restoring an expelled union member. First: may a federal court in a Section 102 case that restores membership also award reasonable attorney fees? Second: may fees be awarded when the member suffered no monetary damage, the union in good faith believed it had disciplinary authority, no malice by the union is found, and the member acted at least partly for personal political ambition? The Court’s order grants review of those questions but itself does not resolve them or explain how they should be decided.

Real world impact

The forthcoming decision will determine whether expelled union members can recover lawyers’ bills after being reinstated and whether unions can face fee awards even when they acted in good faith or caused no financial harm. Because the Supreme Court has only agreed to review these issues now, the final legal rules will depend on the Court’s upcoming opinion and are not settled by this order.