IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION

TERRY FOSTER and JANIE BREWER PLAINTIFFS Vv. No. 3:20-cv-222-DPM

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 1516, et al. DEFENDANTS

ORDER Foster and Brewer have sued IBEW Local 1516 and various Union officers and officials. They allege unfair labor practices. Foster says the Union retaliated against him for decades because he worked at non- Union sites. He also says the Union jumped the books, depriving him of work, and eventually kicked him out without adequate process. Brewer was denied a Union card. Both have filed charges with the NLRB. They move the Court to approve their complaint under

. The motion is denied for two reasons. First, the complaint does not allege the kinds of financial improprieties proscribed by § 501(a). Compare Gould v. Bond,

, at *2 (E.D. Mo. Aug. 19, 2019). The Court declines to hold that § 501 reaches the kind of conduct alleged here. Second, while there is no binding precedent in this circuit, this Court agrees that this statute creates an analog to a shareholder

derivative action. E.g., International Union of Operating Engineers, Local 150, AFL-CIO v. Ward,

(7th Cir. 2009). Foster and Brewer have not adequately alleged that they sought relief from Local 1516’s executive board, but were unsuccessful, or that a majority of the board could not make an independent and disinterested judgment. Further, and again, this dispute does not appear to be about the alleged mishandling of Union money or property for the personal benefit of Union officers or employees. In the statute’s phrase, Foster and Brewer haven't shown “good cause” for pursuing their case outside the usual administrative process.

(b). Motion, Doc. 1, denied. The complaint will be dismissed for lack of subject matter jurisdiction. So Ordered.

SPyywAell D.P. Marshall Jr. United States District Judge Ile Syatenshetr. RORO