Thomas sent a letter to the IAM leadership requesting the union to take appropriate action to comply with section 105. After eleven months of union inaction, plaintiffs brought suit in federal district court against the IAM and its top two elected officials seeking declaratory and injunctive relief with regard to the IAM's obligations under section 105. The parties filed cross-motions for summary judgment. The district court granted the IAM's motion and dismissed the plaintiffs' case. See id. at 743.
Plaintiffs now appeal.
The union's view of section 105 runs counter to the clear text of the provision. There is nothing in this definition to differentiate a 1959 member of the IAM from a 1999 member. Union membership is not static the membership changes as some individuals retire and others join. It is therefore clear that the IAM is out of compliance with the mandate of section 105. Title IV sets forth procedures and mechanisms to ensure that union elections will be run fairly and democratically , see id.