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WIRTZ v. LOCAL 153, GLASS BOTTLE BLOWERS ASS'N

Nos. 15759, 16048.

372 F.2d 86 (1966)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. LOCAL 153, GLASS BOTTLE BLOWERS ASSOCIATION OF the UNITED STATES AND CANADA, AFL-CIO (GBBA).

United States Court of Appeals Third Circuit.

Decided December 16, 1966.

Attorney(s) appearing for the Case

Robert V. Zener, Dept. of Justice, Civil Division, Appellate Section, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., Gustave Diamond, U. S. Atty., Morton Hollander, Howard J. Kashner, Attys., Dept. of Justice, Washington, D. C., on the brief), for appellant.

Albert K. Plone, Camden, N. J. (Jubelirer & Savage, Pittsburgh, Pa., and Plone, Tomar, Parks & Seliger, Camden, N. J., on the brief), for defendant-appellee.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.

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...

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