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MARSHALL v. LOCAL U. 12447, UNITED STEELWORKERS

No. 78-1484.

591 F.2d 199 (1978)

Ray MARSHALL, Secretary of Labor, United States Department of Labor, Appellant, v. LOCAL UNION 12447, UNITED STEELWORKERS OF AMERICA, AFL-CIO, Appellee.

United States Court of Appeals, Third Circuit.

Decided December 29, 1978.

Attorney(s) appearing for the Case

Carin Ann Clauss, Sol. of Labor, Beate Bloch, Associate Sol., E. Kathleen Shahan, Atty., U.S. Dept. of Labor, Washington, D. C., Morton H. Hollander, U.S. Dept. of Justice, Washington, D. C., Francis V. LaRuffa, Regional Sol., New York City, for appellant.

A. E. Lawson, Pittsburgh, Pa., Bernard Kleiman, Chicago, Ill., Rothbard, Harris & Oxfeld, Newark, N. J., George H. Cohen, Bredhoff, Gottesman, Cohen & Weinberg, Washington, D. C., for appellee.

Before ROSENN, GARTH and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

This appeal requires us to interpret Section 401(b) of the Labor-Management Reporting and Disclosure Act, 29 U.S.C. § 481(b) (1976), which provides for the election by secret ballot of local union officers.1 Unfortunately, section 3(k) of the Act, 29 U.S.C. § 402(k) (1976) which defines "secret ballot" does not provide the answer to all the questions raised by that term...

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