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WIRTZ v. LOCAL UNIONS 410, 410A, 410B & 410C, INT. U. OF OP. ENG.

Nos. 337, 338, Dockets 29998 and 30085.

366 F.2d 438 (1966)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. LOCAL UNIONS 410, 410A, 410B & 410C, INTERNATIONAL UNION OF OPERATING ENGINEERS, Defendant-Respondent. W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. LOCAL 30, INTERNATIONAL UNION OF OPERATING ENGINEERS, Defendant-Respondent.

United States Court of Appeals Second Circuit.

Decided August 1, 1966.

Rehearing Denied October 4, 1966.

Attorney(s) appearing for the Case

Arthur S. Olick, Asst. U. S. Atty., Southern Dist. of New York (Robert M. Morgenthau, U. S. Atty., Robert E. Kushner, and Lawrence W. Schilling, Asst. U. S. Attys., Southern Dist. of New York, and Justin J. Mahoney, U. S. Atty., Northern Dist. of New York, on the brief), for plaintiff-appellant.

Bernard T. King, Syracuse, N. Y. (Blitman, Carrigan & King and Nathan H. Blitman, Syracuse, N. Y., on the brief), for defendant-appellee Local Unions 410, 410A, 410B, and 410C, International Union of Operating Engineers.

William J. Corcoran, New York City, for defendant-respondent Local 30, International Union of Operating Engineers.

Before LUMBARD, Chief Judge, and WATERMAN and KAUFMAN, Circuit Judges.

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...

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