Opinion

W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. National Maritime Union of America

  • 399 F.2d 544
  • 12 Fed. R. Serv. 2d 930
  • 68 L.R.R.M. (BNA) 3017
  • 1968 U.S. App. LEXIS 5934
Court
Court of Appeals for the Second Circuit
Filed
Jul 29, 1968
Status
Published
Author
Hays
On the bench
Moore, Hays, Timbers
Cited by
22 cases

the petition requirement violated the Act because it "was not uniformly imposed since only anti-administration candidates were obliged personally to secure the forms and endorsements"

How later courts described this case

  • the petition requirement violated the Act because it "was not uniformly imposed since only anti-administration candidates were obliged personally to secure the forms and endorsements"
  • petition requirement held unreasonable where many members served in ships at sea even though fewer than 100 needed to endorse candidate for national office
  • “It must be left to the judgment of each member to determine in particular instances how much weight to give to prior experience”

Written by the judges who cited it.

The opinion

HAYS, Circuit Judge

(dissenting):

I dissent with respect to the requirement of electing patrolmen.

I fear that, in trying to keep the courts from taking over lock, stock and barrel the internal operation of labor unions, I am fighting a fairly hopeless rearguard action. But, I am not yet compelled by any Supreme Court decision on the issue to accept the position that a union cannot provide for the appointment rather than the election of what are here called patrolmen, and are usually called business representatives.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.