Legal Opinion · Dissent
James D. Hodgson, Secretary of Labor v. Lodge 851, International Association of MacHinists & Aerospace Workers, Afl-Cio
Court of Appeals for the Seventh Circuit
Decided January 13, 1972No. 71-1107Published
1DissentStevens, Circuit Judge
This case involves a narrow issue of statutory construction. The question is whether the Secretary of Labor has acted in compliance with § 402(b) of the Labor-Management Reporting and Disclosure Act of 1959, 73 Stat. 519, 534, when he has delayed the commencement of litigation for more than 60 days after receipt of a meritorious complaint challenging a union election.1
The Secretary’s practice is described, in part, in an affidavit filed on his be*555half in the court below. Between July 1. 1962, and June 30, 1969, the Labor Department conducted 329 investigations which disclosed actionable…
2Cases cited14 opinions
- San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
- Burnett v. New York Central RailroadSupreme Court of the United States · 1965
- Order of Railroad Telegraphers v. Railway Express Agency, Inc.Supreme Court of the United States · 1944
- Securities & Exchange Commission v. National Securities, Inc.Supreme Court of the United States · 1969
- Calhoon v. HarveySupreme Court of the United States · 1964
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