Nicholas Yanity, Raymond Gawrys and George Hartung v. Clinton Benware and International Association of MacHinists
Court of Appeals for the Second Circuit
1DissentLumbard, Chief Judge
I dissent. In my opinion, both of plaintiffs’ claims under the Bill of Rights, section 101, of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), 73 Stat. 522 (1959), 29 U.S.C. § 411, are legally sufficient.
*202I.
I believe that plaintiffs’ allegation that defendants refused, in violation of the union constitution, to call a special meeting requested by a petition signed by the required number of members of the local for the purpose of considering an attempt to vacate the arbitration award as to plaintiffs states a claim upon which relief can be granted under section 101 (a) (2) of…
2Cases cited14 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Vaca v. SipesSupreme Court of the United States · 1967
- Smith v. Evening News Assn.Supreme Court of the United States · 1962
- Federal Trade Commission v. Morton Salt Co.Supreme Court of the United States · 1948
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