[Download] "Brock v. International Union of Operating Engineers" by United States Court Of Appeals For The Sixth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Brock v. International Union of Operating Engineers
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 13, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
The Secretary of Labor appeals from a judgment entered in favor of the International Union of Operating Engineers, Local Union 369, AFL-CIO in the Secretarys action brought under Title IV of the Labor Management Reporting and Disclosure Act of 1959 (LMRDA), 29 U.S.C. § 401 et seq., to set aside an election of officers conducted by the Union on August 11, 1981, insofar as it affected the election for the offices of business agent, recording-corresponding secretary, financial secretary, guard and two Executive Board positions. After making oral findings of fact on the record in open court, the trial judge held that while a violation of the LMRDA had been established by the Secretary, the presumption arising therefrom that the violation may have affected the election had been overcome. The trial judge then went on to hold that the violation did not in fact affect the election, and entered judgment for the Union. We affirm, but on the alternate basis, raised by the Union but not directly ruled upon by the district court, that the Secretarys action must fail for failure of the complaining parties to exhaust internal union remedies as required by 29 U.S.C. § 482(a)(1).