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WIRTZ v. LOCAL 11

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF PENNSYLVANIA


October 4, 1962

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Plaintiff,
v.
LOCAL 11, INTERNATIONAL HOD CARRIERS' BUILDING AND COMMON LABORERS' UNION OF AMERICA, Defendant

The opinion of the court was delivered by: SORG

This is an action brought by the Secretary of Labor under Title IV of the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C.A. 481 et seq., to set aside an election of officers held by defendant, an unincorporated labor union, on June 17, 1960, or, in the alternative, to exercise its general equity power to enjoin the Local from conducting an election in violation of the sections of the Act set forth in its complaint. Section 402(c) of the Act, 29 U.S.C.A. ยง 482(c) reads as follows:

'(c) If, upon a preponderance of the evidence after a trial upon the merits, the court finds -- * * * (2) that the violation of section 481 of this title may have affected the outcome of an election, the court shall declare the election, if any, to be void and direct the conduct of a new election under supervision of the Secretary and, so far as lawful and practicable, in conformity with the constitution and bylaws of the labor organization.'

 The parties, after having stipulated the applicable facts and exhibits, have moved for summary judgment. Defendant's parent union, International Hod Carriers' Building and Common Laborers' Union of America, AFL-CIO, has participated in the arguments and filed briefs as amicus curiae. Defendant, hereinafter called the Local, is subject, in its organization and internal procedures, to the provisions of the constitution of its parent body and to the uniform local constitution and to lawful orders, decisions, interpretations, rules and regulations promulgated in pursuance thereof by the General President and the General Executive Board of the International Union. These constitutions set forth procedures for the nomination and election of officers which are not inconsistent with the provisions of the Act. President William Stitts 174 B. U. Brock 250 Vice-President: Peter Clark 157 Leroy Lewis 255 Recording Secretary: Curtis Upsher 265 Samuel Guyton 147 Financial Secretary: Ellis McGruder 145 Willie Stevens 291 Treasurer: Junie Wayts 146 Joseph Caldwell 295 Sergeant-at-Arms: (3) Jessie Winston 261 Mose Ewing 142 William Peterson 164 William Long 243 Robert Hackley 236 Mose Charles 120 Trustees: (3) Carey Reed 259 Percy "Skippy" Howard 253 Booker T. Charles 184 Henry I. Taylor 219 Dewey Adams 135 William Beech 96 Executive Board: (2) Rufus Davis 43 William Hill 149 Samuel Farrer 238 John Pryor 235 Labor District Council: Samuel Lawler 177 Dudley Phillips 221 Central Labor Union: Ernest Dow 191 Evans Smalley 162 Business Agent: Jack Williams 160 James E. Threatt 285

19621004

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