Ray Marshall v. Local Union 1374

558 F.2d 1354 95 L.R.R.M. (BNA) 3066 , 96 L.R.R.M. (BNA) 2242 , 82 Lab.Cas. P 10,024 Ray MARSHALL, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. LOCAL UNION 1374, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, Defendant-Appellant. No. 76-2788. United States Court of Appeals, Ninth Circuit. June 27, 1977. As Amended Aug. 12, 1977. John R. Burns, Hafer, Cassidy & Price, Seattle, Wash., for defendant-appellant. Frederic D. Cohen, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellee. Appeal from the United States District Court for the Western District of Washington. Before WRIGHT, KILKENNY and ANDERSON, Circuit Judges. J. BLAINE ANDERSON, Circuit Judge: 1 Appellee, Secretary of Labor, commenced this action against appellant, Local Union 1374, under Title IV of the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C. § 401 , et seq. The Secretary, alleging that Local Union 1374 had failed to hold an election of officers every three years as required by 29 U.S.C. § 481 (b), sought a judgment directing Local 1374 to conduct nominations and an election of all officers under the…