The following excerpt is from Feltington v. Moving Picture Mach. Operators Union Local 306 of I.A.T.S.E., 605 F.2d 1251 (2nd Cir. 1979):
The two substantive issues raised on this appeal (1) whether a union member has the right to record union trial proceedings against him, and (2) whether retrial of the same charges before substantially the same union tribunal that convicted him violates his rights under 101(a)(5)(C) of the Act have been resolved by us in Rosario v. Dolgen. There we held that a union member is entitled under 101(a)(5)(C) to record his disciplinary trial when the union does not provide a reliable verbatim record. We reasoned that an accurate record of the proceeding is a valuable tool in arriving at the truth, that it poses no significant risk of fraud or obstruction in the proceeding, and that when the accused is willing to bear the expense of making it, the burden on the union is negligible.
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