DiNicola v. Service Employees Int’l Union Local 503

Under ORS 65.224, a non-profit corporation is required to make available to members a list of members’ “names, addresses, and membership dates,” along with the “number of votes each member is entitled to vote at the meeting” if there are classes of members.

Local 503 (“the Union”) appealed a trial court order that required the Union to disclose detailed member information to DiNicola, a member of the Union’s General Council.   When DiNicola requested a list of Union members prior to a general meeting, the Union refused.  Pursuant to ORS 65.774 and 65.781(2), DiNicola applied for a court order to permit his inspection of the records.  The court ordered the Union to give the information to DiNicola, including each member’s name, membership type, job title, work location, mailing address, work and personal email address, union position or title, “sub-local” number, state agency or bargaining unit employer, and assigned voting eligibility. On appeal, the Union argued the trial court exceeded its authority by requiring disclosure of such detailed member records.  Under ORS 65.224, a non-profit corporation is required to make available to members a list of members’ “names, addresses, and membership dates,” along with the “number of votes each member is entitled to vote at the meeting” if there are classes of members.  In its order, the trial court required the Union to disclose categories of member information that went beyond the statute’s minimum requirements.  The Court concluded such overreaching exceeded the authority of the trial court. General judgment reversed in part; supplemental judgment reversed and remanded.