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WIRTZ v. HOTEL, MOTEL AND CLUB EMPLOYEES UNION, LOCAL 6

No. 513, Docket 31272.

381 F.2d 500 (1967)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. HOTEL, MOTEL AND CLUB EMPLOYEES UNION, LOCAL 6, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided July 28, 1967.

Attorney(s) appearing for the Case

Robert E. Kushner, Asst. U. S. Atty (Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, and Martin P. Solomon, Asst. U. S. Atty., on the brief), for appellant.

Jerome B. Lurie, New York City (Cohn & Glickstein and Leonard Leibowitz, New York City, on the brief), for appellee.

Before HAYS and FEINBERG, Circuit Judges, and DIMOCK, District Judge.

HAYS, Circuit Judge:

Both plaintiff Secretary of Labor and defendant union appeal from a judgment of the United States District Court for the Southern District of New York in a case involving an election of officials of the defendant union. The district court held that a certain by-law of the union limiting candidacy for union office was violative of Section 401(e) of the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C. § 481

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