Legal Opinion

Wirtz v. Local Unions 410, 410A, 410B & 410C, International Union of Operating Engineers

Court of Appeals for the Second Circuit

Decided August 1, 1966No. Nos. 337, 338, Dockets 29998 and 30085PublishedCited by 43 opinions

1Opinion of the Court

LUMBARD, Chief Judge.

These are two separate suits brought by the Secretary of Labor against locals of the International Union of Operating Engineers (IUOE) to set aside 1962 union elections on the ground that provisions of the IUOE’s constitution, as adopted and applied by the locals, violated § 401(e) of the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C. § 481(e), by depriving union members of a “reasonable opportunity” to be candidates for union office. Both *441district courts1 held that the Secretary-had failed to prove that any violations of the Act “may have affected the…

2Cases cited7 opinions

  1. United States v. Munsingwear, Inc.Supreme Court of the United States · 1950
  2. Calhoon v. HarveySupreme Court of the United States · 1964
  3. St. Pierre v. United StatesSupreme Court of the United States · 1943
  4. Cover v. SchwartzCourt of Appeals for the Second Circuit · 1942
  5. Wirtz v. Local Union No. 125, International Hod Carriers', Building & Common Laborers' UnionDistrict Court, N.D. Ohio · 1964

2 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Wirtz v. Glass Bottle BlowersSupreme Court of the United States · 1968
  2. Wirtz v. Hotel, Motel & Club Employees Union, Local 6Supreme Court of the United States · 1968
  3. Penguin Books USA Incorporated Jeffrey R. Toobin v. Lawrence E. Walsh Office of Independent CounselCourt of Appeals for the Second Circuit · 1991
  4. William J. Usery, Secretary of Labor v. Local Division 1205, Amalgamated Transit UnionCourt of Appeals for the First Circuit · 1976
  5. W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. National Maritime Union of AmericaCourt of Appeals for the Second Circuit · 1968

38 more not listed; retrieve them via the Exa API.

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