Reference no: EM131706911

Question: Plaintiff Feist received a Coast Guard license as a third assistant engineer in 1974 and was accepted into the applicant program of the Merchant Engineers' Beneficial Association (MEBA) in 1975. From 1975 on, he served aboard vessels as a licensed third engineer, completed additional schooling, and worked the required number of days to achieve what is known as Group I status. The plaintiff paid all MEBA dues and had satisfied the requirement of a $2,500 initiation fee for membership. The plaintiff claims that in May 1979 he was informed that the District Investigating Committee had voted to deny him membership in the MEBA. Plaintiff's application was denied a second time on September 7, 1979, and again on February 13, 1981. Plaintiff filed suit against the MEBA, alleging that he had satisfied the requirements of membership in the MEBA and had been wrongfully denied membership status and the right to a full hearing, all in violation of the LMRDA. Acceptance into membership of the MEBA is governed by Article 3 of the National Constitution, Articles 3 and 4 of the District Constitution, and Rules and Regulations No. 3, promulgated by the National Executive Committee. Rules and Regulations No. 3 states, in pertinent part, "The MEBA reserves the absolute right in its own discretion, for any reason whatsoever

(a) at any time prior to acceptance into membership to terminate any applicant's status as such, or

(b) to reject the application for membership." The plaintiff sued the union, demanding that he be admitted to membership. How should the federal court have ruled on the plaintiff's demand? See Feist v. Engineers' Beneficial Ass'n. [118 L.R.R.M. 2419 (E.D. La. 1983)].