UNITED STATES COURT OF APPEALS December 5, 2024

Christopher M. Wolpert FOR THE TENTH CIRCUIT Clerk of Court _________________________________ INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIP BUILDERS, BLACKSMITHS, FORGERS AND HELPERS, AFL-CIO,

Plaintiff - Counterclaim Defendant, v. No. 23-3225 J. TOM BACA, officer capacity; TIMOTHY SIMMONS, officer capacity; ARNIE STADNICK, officer capacity,

Defendants on Counterclaim, Third- Party Plaintiffs - Appellees, v. JOHN T. FULTZ, officer capacity,

Third-Party Plaintiff - Appellee, v. NEWTON B. JONES,

Third-Party Defendant - Appellant, and KATERYNA JONES; WILLIAM B. CREEDEN,

Third-Party Defendants. Appellate Case: 23-3225 Document: 108-1 Date Filed: 12/05/2024 Page: 2

–––––––––––––––––––– INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIP BUILDERS, BLACKSMITHS, FORGERS & HELPERS, AFL-CIO,

Amicus Curiae. _________________________________

Appeal from the United States District Court for the District of Kansas (D.C. No. 2:23-CV-02250-EFM-TJJ) _________________________________ Matthew B. Vianello, Jacobson Press P.C., Clayton, Missouri, for Third-Party Defendant- Appellant. David A. Rosenfeld, Weinberg, Roger & Rosenfeld, Emeryville, California (Antonio Ruiz, Weinberg, Roger & Rosenfeld, Emeryville, California, and William T. Hanley, Los Angeles, California, with him on the briefs), for Third-Party Plaintiffs-Appellees. Raymond Salva, Jr. and John B. Boyd, Boyd Kenter Thomas & Parrish, LLC, Independence, Missouri, filed a brief for Amicus Curiae the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO in support of Third-Party Plaintiffs-Appellees. _________________________________ Before HARTZ, KELLY, and BACHARACH, Circuit Judges. _________________________________ HARTZ, Circuit Judge. _________________________________

Newton Jones was the President of the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers, and Helpers (the Union), which represents tens of thousands of members in the United States and Canada. After determining that President Jones had pilfered Union funds, the Union’s Executive Council, which is composed of the International President and five International Vice Presidents, removed

Page 2 Appellate Case: 23-3225 Document: 108-1 Date Filed: 12/05/2024 Page: 3

him from office and expelled him from the Union. Mr. Jones unsuccessfully challenged his disciplinary proceeding in the United States District Court for the District of Kansas. He now appeals the district court’s summary judgment, contending that the disciplinary proceeding violated the Union Constitution and his due-process rights under the Labor- Management Reporting and Disclosure Act of 1959 (LMRDA), 29 U.S.C. §§ 401–531. He also argues that the district court erred by denying him sufficient time to respond to the motion for summary judgment and not allowing him to engage in discovery. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm the district court’s summary judgment.

The central issue in this appeal is whether the Executive Council violated the Union Constitution in removing President Jones from power. We defer to the Union in determining the meaning of its constitutional provisions. The difficulty here, however, is that former President Jones and the Executive Council disagree on what the Constitution requires, so