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MARTIRE v. LABORERS' LOCAL UNION 1058

No. 17208.

410 F.2d 32 (1969)

Dante MARTIRE v. LABORERS' LOCAL UNION 1058, a labor organization, Thomas J. Pecora, President and Business Manager and Louis Elise, Secretary-Treasurer, as officers of Local Union 1058, and Laborers' District Council of Western Pennsylvania, Appellants.

United States Court of Appeals Third Circuit.

Decided April 17, 1969.

Attorney(s) appearing for the Case

William T. Coleman, Jr., Dilworth, Paxson, Kalish, Kohn & Levy, Philadelphia, Pa. (Edward F. Mannino, Philadelphia, Pa., Leo I. Shapiro, Morton B. DeBroff, Pittsburgh, Pa., on the brief), for appellants.

J. M. Maurizi Suto, Power, Balzarini & Walsh, Pittsburgh, Pa., for appellee.

Before HASTIE, Chief Judge and KALODNER and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

KALODNER, Circuit Judge.

Three critical questions are presented by this appeal:

(1) Does the Labor-Management Reporting and Disclosure Act of 1959 "LMRDA"1 afford a remedy to an officer of a local union who has been (1) suspended from his elected office prior to the expiration of his term; (2) barred from holding office in the union for five years; and (3) subjected to a fine of $500.00?

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