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HODGSON v. LOCAL UNIONS NO. 18, INT. U. OF OPERATING ENG.

No. 20470.

440 F.2d 485 (1971)

James D. HODGSON, Secretary of Labor, Plaintiff-Appellee, v. LOCAL UNIONS NO. 18, etc., INTERNATIONAL UNION OF OPERATING ENGINEERS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

April 9, 1971.

Attorney(s) appearing for the Case

Laurence Gold, Washington, D. C., for defendant-appellant; J. Albert Woll, Washington, D. C., William Patrick Clyne, Cleveland, Ohio, on brief.

Raymond D. Battocchi, U. S. Dept. of Labor, Washington, D. C., for plaintiff-appellee; William D. Ruckelshaus, Asst. Atty. Gen., Robert V. Zener, Walter H. Fleischer, Attys., Dept. of Justice, Washington, D. C., Robert B. Krupansky, U. S. Atty., Cleveland, Ohio, on brief.

Before PHILLIPS, Chief Judge, and CELEBREZZE and PECK, Circuit Judges.

PHILLIPS, Chief Judge.

This appeal presents the question of what is a reasonable qualification on the right to hold office in a labor union under the provisions of § 401(e) of the Labor-Management Reporting and Disclosure Act of 1959 (the Act), 29 U.S.C. § 481(e). The international constitution governing the appellant union (Local 18) contains a provision precluding members from running for union office unless they...

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