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eBook details

• Title: Marshall v. Local 468
• Author : Ninth Circuit United States Court of Appeals
• Release Date : January 15, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

The Secretary of Labor appeals from an order granting summary judgment to the defendant, Local 468, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Independent, charged with a violation of the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C. § 401 et seq. We hold that the Union violated 29 U.S.C. § 481(c)1 and remand to the District Court for trial on the question of whether the proven violation ""may have affected the outcome of an election"" and thus requires that the earlier election be voided and that a new supervised election be conducted. 29 U.S.C. § 482(c).2 Prior to the 1976 election, the candidates for union office were nominated at a special meeting and elected by members casting ballots in person at least thirty days later.

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