Robert K. Ballard, Jr. v. Marine Cooks and Stewards Union

The appellant filed a complaint below seeking an injunction restraining the appellee Union from proceeding to try appellant on May 2, 1969 on charges filed against him by the Union; from refusing to quash the charges against appellant; from refusing to publish certain matters in the Union’s newspaper; and from refusing to post notices in the Union hall. The district judge denied a temporary injunction but issued an order to show cause and held an extensive hearing on May 8, 1969. He denied the application for a temporary restraining order. Appellant appealed but has not supplied, as part of the record, the reporter’s transcript of May 8, 1969.

We affirm. Appellant did not exhaust his administrative remedies within the Union. His contentions concerning the appropriateness of collective bargaining units, upon which he addressed himself almost exclusively at the oral argument, is a matter within the exclusive jurisdiction of the National Labor Relations Board. The case was moot at the time of the district court’s decision. There was no abuse of the district court’s discretion. The judgment is affirmed.

By this disposition of course we do not imply approval of the provisions of the…