Wirtz v. Local 153, Glass Bottle Blowers Ass'n of United States & Canada

OPINION OF THE COURT

HASTIE, Circuit Judge.

Section 402(b) of the Labor-Management Reporting and Disclosure Act” of 1959, 73 Stat. 519, 534, 29 U.S.C. § 482 (b), provides in part that whenever the Secretary of Labor’s investigation of a complaint made by a member of a local union gives him probable cause to believe that rights to be a candidate or to vote in an election of union officers, or to hold union office, as protected by section 401(b) and (e) of the Act, have been violated, the Secretary “shall * * * bring a civil action against the labor organization * * * to set aside the invalid…