Cox v. McCulloch

WRIGHT, Circuit Judge.

Appellant seeks to enjoin certification1 of District 50, United Mine Workers, winner in a representation contest with appellant and a third union, as bargaining representative of the employees of Calhoun Drywall Company. In the election District 50 received five votes, the third union received three votes, and appellant received none. The basis for this challenge is that District 50 is not a “labor organization” as defined in Section 2(5) 2 of the Act because its members do not participate in the election of its officers. The record before the Board indicates that the…