finding plaintiff not provided full and fair hearing where one member of Trial Board admitted he “made up [his] mind” prior to hearing
How later courts described this case
- finding plaintiff not provided full and fair hearing where one member of Trial Board admitted he “made up [his] mind” prior to hearing
- “[S]ince an element of a full and fair hearing is that the Trial Body be impartial, the duty of disqualification because of prejudgment or bias would seem to rest, at least in part, with the members of the Trial Body.”
- “[W]e need go no further than to find evidence to support the charge that one member of the trial body had prejudged the case in order to conclude that the hearing violated the Act.”
- union disciplinary hearing required to be "full and fair" under 29 U.S.C. § 411(a) (5) (C)
Written by the judges who cited it.
The opinion
ON PETITION FOR REHEARING.
Appellant has renewed the request he made below for attorney’s fees. The district court’s opinion would indicate the request had been dropped. 288 F.Supp. 719, at 728 . Appellant asserts otherwise. We believe this matter should be disposed of by the district court on remand of the case. See Gartner v. Soloner, 384 F.2d 348 (3d Cir. 1967), cert. denied, 390 U.S. 1040 , 88 S.Ct. 1633 , 20 L.Ed.2d 302 (1968). Accordingly, petition for rehearing is denied.