James D. HODGSON, Secretary of Labor, UNITED STATES Department of Labor, Plaintiff-Appellant,
v.
LOCAL UNION 400, BAKERY & CONFECTIONERY WORKERS' INTERNATIONAL UNION OF AMERICA, AFLCIO, Defendant-Appellee.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
January 9, 1974.
January 9, 1974.
Attorney(s) appearing for the Case
William D. Keller, U. S. Atty., Phillip S. Malinsky, Asst. U. S. Atty., Los Angeles, Cal., Walter H. Fleischer, Joseph B. Scott (argued), E. Grey Lewis, Acting Asst. Atty. Gen., U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellant.
Hirsch Adell, Charles K. Hackler (argued), Marylove Maloney Lee, Warren, Adell & Miller, Los Angeles, Cal., for defendant-appellee.
Before BROWNING and WRIGHT, Circuit Judges, and SOLOMON, District Judge.
United States Court of Appeals, Ninth Circuit.
BROWNING, Circuit Judge.
In Wirtz v. Local 153, Glass Bottle Blowers, 389 U.S. 463, 88 S.Ct. 643, 19 L.Ed.2d 705 (1968), a union held an unsupervised election after the Secretary of Labor had filed a civil action under section 402(b) of the Labor-Management Reporting and Disclosure Act of 1959, charging that violations of section 401 had occurred in an earlier election. The Court held that the union's unilateral act of holding a new...
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