International Union, United Automobile, Aerospace & Agricultural Implement Workers v. National Right to Work Legal Defense & Education Foundation, Inc.

Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

This is an appeal from a decision in which the United States District Court for the District of Columbia held that the second proviso to section 101(a)(4) of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), 29 U.S.C. § 411(a)(4) (1976), is unconstitutional as applied to the litigation program of the National Right to Work Legal Defense and Education Foundation, Inc., and that section 203(b)(1) of the LMRDA, 29 U.S.C. § 433(b)(1) (1976), does not afford a private right of action. We conclude that the second…