Wirtz v. LOCAL UNION NO. 125, LABORERS'INTERNATIONAL UNION, No. 17344.

CourtUnited States Courts of Appeals. United States Court of Appeals (6th Circuit)
PartiesW. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. LOCAL UNION NO. 125, LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO, Defendant-Appellee.
Decision Date15 December 1966
Docket NumberNo. 17344.

375 F.2d 921 (1966)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant,
v.
LOCAL UNION NO. 125, LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO, Defendant-Appellee.

No. 17344.

United States Court of Appeals Sixth Circuit.

December 15, 1966.


375 F.2d 922

Merle M. McCurdy, U. S. Atty., Cleveland, Ohio, R. S. Salzman, Morton Hollander, Robert V. Zener, Civ. Div., Dept. of Justice, Washington, D. C., for appellant.

Mortimer Riemer, Cleveland, Ohio, for appellee.

ORDER VACATING JUDGMENT AND REMANDING WITH INSTRUCTIONS

The Secretary of Labor brought this suit under Section 402 of the Labor-Management Reporting and Disclosure Act, 29 U.S.C. § 482, to challenge the validity of a union general election held in June, 1963, and a runoff election held the following month. The district court, in an opinion reported at 231 F.Supp. 590, dismissed the Secretary's complaint insofar as it dealt with the general election on the ground that internal union procedures had not been exhausted in an effort to correct the alleged irregularities in that election, and the Secretary here contests the propriety of that dismissal.

Subsequent to the decision of the trial judge, a general election was held by the union in June, 1966. The present union officers hold their positions pursuant to this 1966 election and not the election challenged by the Secretary. Appellee contends, and the court agrees, that this fact renders moot the question on appeal, since the statutory remedies for election irregularities can serve no purpose here in light of the subsequent election which has been held. To prevent the district court decision herein held to be unappealable from serving as a precedent, the court will not dismiss the appeal as requested by appellee, but will vacate the judgment of the district court dismissing a portion of the Secretary's suit and will remand with instructions to dismiss the complaint as moot insofar as it relates to the 1963 general election. See United States v. Munsingwear, 340 U.S. 36, 71 S.Ct. 104, 95 L.Ed. 36 (1950).

The court deems it appropriate to cite here the following observation of the Second Circuit in the cases of Wirtz v. Local Unions 410, 410A, 410B & 410C, International Union of Operating Engineers and Wirtz v. Local 30, International Union of Operating Engineers, decided August 1, 1966, 366 F.2d 438:

As these cases illustrate, it is the delays incident to civil cases in the district
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2 practice notes
  • Wirtz v. Local Union No 125, Laborers International Union of North America, Afl 8212 Cio, No. 58
    • United States
    • United States Supreme Court
    • January 15, 1968
    ...Court with instructions that the portion of the Secretary's complaint dealing with the June 8 election be dismissed as moot. 6 Cir., 375 F.2d 921.1 We granted certiorari. 387 U.S. 904, 87 S.Ct. 1686, 18 L.Ed.2d 621. In light of our decision today in Wirtz v. Local 153, Glass Bottle Blowers ......
  • Duncan v. Railroad Retirement Board, No. 10676.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • March 30, 1967
    ...to the general manpower pool, consisting largely of able-bodied men, drastically reduces his chances of obtaining any regular employment 375 F.2d 921 that may exist. If he possessed a transferable skill, an employer might be willing to discount his medical history in the hope that he would ......
2 cases
  • Wirtz v. Local Union No 125, Laborers International Union of North America, Afl 8212 Cio, No. 58
    • United States
    • United States Supreme Court
    • January 15, 1968
    ...Court with instructions that the portion of the Secretary's complaint dealing with the June 8 election be dismissed as moot. 6 Cir., 375 F.2d 921.1 We granted certiorari. 387 U.S. 904, 87 S.Ct. 1686, 18 L.Ed.2d 621. In light of our decision today in Wirtz v. Local 153, Glass Bottle Blowers ......
  • Duncan v. Railroad Retirement Board, No. 10676.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • March 30, 1967
    ...to the general manpower pool, consisting largely of able-bodied men, drastically reduces his chances of obtaining any regular employment 375 F.2d 921 that may exist. If he possessed a transferable skill, an employer might be willing to discount his medical history in the hope that he would ......

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