INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, AND ITS LOCALS 1093, 558 AND 25, et al.
v.
NATIONAL RIGHT TO WORK LEGAL DEFENSE AND EDUCATION FOUNDATION, INC., et al., Gerald Marker et al., Appellants (three cases).
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued June 12, 1978.
Decided November 17, 1978.
Rehearing Denied February 27, 1979.
Attorney(s) appearing for the Case
Joseph L. Rauh, Jr., Washington, D. C., with whom John Silard, Elliott C. Lichtman and Mary M. Levy, Washington, D. C., were on the brief, for the International Union, appellants in No. 77-1766 and cross-appellees in Nos. 77-1739 and 77-1767.
Whitney North Seymour, New York City, with whom Conrad K. Harper, New York City, Thomas S. Jackson, John L. Kilcullen, Washington, D. C., Rex H. Reed, Fairfax, Va., Deborah E. Lynch, New York City, Kenneth Wells Parkinson, Patricia D. Gurne, Garry Ewing and David T. Bryant, Fairfax, Va., were on the brief, for National Right to Work Legal Defense and Education Foundation, Inc. and National Right to Work Committee, appellants in No. 77-1767 and cross-appellees in Nos. 77-1739 and 77-1766.
Godfrey P. Schmidt, New York City, and Glenn H. Carlson, Washington, D. C., were on the brief for Marker, et al., appellants in No. 77-1739 and cross-appellees in Nos. 77-1766 and 77-1767.
John A. Fillion and Stephen I. Schlossberg, Detroit, Mich., also entered appearances for United Automobile Workers, appellee in No. 77-1739.
Plato E. Papps, Washington, D. C., also entered an appearance for International Association of Machinists, appellee in No. 77-1739.
Jerome Cohen also entered an appearance for United Farm Workers National Union, appellee in No. 77-1739.
Timothy J. Lynch, Washington, D. C., also entered an appearance for Sheet Metal Workers International Association, appellee in No. 77-1739.
Robert J. Connerton, Washington, D. C., also entered an appearance for Laborers' International Union of North America, appellee in No. 77-1739.
Charles V. Koons, Washington, D. C., also entered an appearance for Communications Workers of America, appellee in No. 77-1739.
James J. Cronin, Denver, Colo., also entered an appearance for Oil, Chemical and Atomic Workers Union, appellee in No. 77-1739.
J. Albert Woll and Laurence Gold, Washington, D. C., also entered appearances for AFL-CIO, appellee in No. 77-1739.
Solomon I. Hirsh, Rosemont, Ill., also entered an appearance for Brotherhood of Railway, Airline and Steamship Clerks, appellee in No. 77-1739.
Louis Sherman, Washington, D. C., also entered an appearance for International Brotherhood of Electrical Workers, appellee in No. 77-1739.
Before TAMM and MacKINNON, Circuit Judges, and HOWARD T. MARKEY, Chief Judge, U. S. Court of Customs and Patent Appeals.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge TAMM.
TAMM, Circuit Judge:
This is an appeal from a decision in which the United States District Court for the District of Columbia held that the second proviso to section 101(a)(4) of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), 29 U.S.C. § 411(a)(4) (1976), is unconstitutional as applied to the litigation program of the National Right to Work Legal Defense and Education Foundation, Inc...
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