Nassau Legal Aid lawyers who opposed union resolution condemning Israel's 2023 strikes on Gaza can't be expelled, board rules

A public review board ruled last week that four Nassau County Legal Aid Society attorneys cannot be expelled from their union for opposing a resolution condemning Israel for its war with Hamas in Gaza.

The union had sought to expel the four attorneys for seeking a court order to stop the union from adopting the resolution in November 2023, following the Oct. 7, 2023 attacks in Israel, according to Rory Lancman, senior counsel for the Brandeis Center for Human Rights Under Law. 

The attorneys filed an appeal with the union on the expulsion in January 2024 and a discrimination complaint with the Equal Employment Opportunity Commission. The union appeal was heard by the United Auto Workers' Public Review Board, made up of four college professors. The UAW union 2325 includes the Association of Legal Advocates and Attorneys,

The Public Review Board held a hearing earlier this year and ruled March 17 that the attorneys did not violate the union’s constitution or show "conduct unbecoming a member of the Union."

Union officials and their attorney could not be reached for comment Monday.

The union passed a resolution in December 2023, titled "Calling for a Ceasefire in Gaza, an End to the Israeli Occupation of Palestine, and Support for Workers’ Political Speech."

The resolution, which opposed any U.S. military aid to Israel, said in part: "We call on Israel and the United States to implement an immediate ceasefire; restore water, electricity, gas, and internet; permit international humanitarian assistance, and retract any evacuation orders in Gaza."

The resolution was approved by union members during an online vote of 1,067 to 570.

Following the vote, the four Nassau attorneys, Diane Clarke, Ilana Kopmar, Isaac Altman and David Rosenfeld, obtained a temporary restraining order by a Nassau Supreme Court justice. But an Eastern District federal judge later lifted the restraining order and the resolution was passed. The Nassau attorneys are still pursuing their case in the federal court of the U.S. Southern District in Manhattan.

The four argued the union's resolution was a breach of fair representation and violated the union contract. It left them feeling ostracized and subject to antisemitic attacks by other union members, Lancman said.

"It was a moment of deep pain for the Jewish community," Lancman said. "These attorneys said this is not a reflection of our organization. They don’t want their lawyers walking into court and have judges, adversaries and juries negatively viewing the clients they represent as expressing overtly antisemitic views."

Two of the four attorneys are still with the union, while one attorney moved to a management position and the other attorney left the union, Lancman said. He said three of the attorneys are Jewish and one was a "Christian ally."

While the review board's decision is final, the attorneys are seeking damages through their suit in the Southern District to nullify the expulsion charges and for pain and suffering.

In an October motion to dismiss that suit, attorneys for the union said by pursuing the litigation, the Nassau attorneys, "tried and failed to interfere with Union democracy and chill Union members’ protected speech."

By John Asbury

john.asbury@newsday.comJohnAsbury

John Asbury is a breaking news and general assignment reporter. He has been with Newsday since 2014 and previously worked at The Press-Enterprise in Riverside, California.