Ross v. International Brotherhood Of Electrical Workers

513 F.2d 840 88 L.R.R.M. (BNA) 3562 , 76 Lab.Cas. P 10,783 Glynn ROSS and Nancy Ross, husband and wife, Plaintiffs-Appellants, v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, a labor organization organized under the laws of the United States of America, et al., Defendants-Appellees. No. 73-1168. United States Court of Appeals, Ninth Circuit. March 27, 1975. R. Kelly Hocker (argued), Tempe, Ariz., for plaintiffs-appellants. Mark I. Harrison (argued), Phoenix, Ariz., for defendants-appellees. OPINION Before HAMLEY, MERRILL and WRIGHT, Circuit Judges. MERRILL, Circuit Judge: 1 This case involves grievances alleged by appellant 1 to have been suffered by him in connection with a local union election. The question presented on this appeal is whether Title IV of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), 29 U.S.C. § 481 et seq., and specifically § 402 of Title IV, 29 U.S.C. § 482 , provides the exclusive method of protecting the rights asserted by appellant and thus deprives the district court of jurisdiction. Such was the view of the district court in dismissing appellant's action. 2 In 1972 appellant was the incumbent financial secretary and…