§Why CasetextPricing

Perez v. Local 872, Laborers International Union of North America

Cross MOTION for Summary Judgment

18 Cited authorities

  1. Chamber of Commerce v. Whiting

    563 U.S. 582 (2011)   Cited 331 times   6 Legal Analyses
    Holding that Congress’s express reservation of state authority to impose certain civil sanctions means what it says

  2. Steelworkers v. Sadlowski

    457 U.S. 102 (1982)   Cited 166 times
    Holding that "union's decision to adopt an rule does not involve state action"

  3. Wirtz v. Bottle Blowers Assn

    389 U.S. 463 (1968)   Cited 214 times   1 Legal Analyses
    Holding that an intervening unsupervised election does not moot the Secretary of Labor's LMRDA Title IV remedy for a previous unlawful election

  4. Wirtz v. Hotel Employees

    391 U.S. 492 (1968)   Cited 175 times
    Holding that a proven violation of the LMRDA establishes a prima facie case that the outcome of the election may have been affected

  5. Steelworkers v. Usery

    429 U.S. 305 (1977)   Cited 77 times
    Striking down candidacy requirement under LMRDA § 401(e) in part because it "impair[ed] the general membership's freedom to oust incumbents in favor of new leadership"

  6. Local 48 v. United Broth. of Carpenters

    920 F.2d 1047 (1st Cir. 1990)   Cited 79 times
    Holding that a merger is not a trusteeship

  7. Stelling v. Intern. Broth. of Elec. Workers

    587 F.2d 1379 (9th Cir. 1978)   Cited 105 times
    Holding that Section 101 depends on allegations of discrimination

  8. Brock v. Writers Guild of America, West, Inc.

    762 F.2d 1349 (9th Cir. 1985)   Cited 69 times
    Addressing other regulations promulgated pursuant to Title IV of the LMRDA

  9. Chao v. Bremerton Metal Trades C., Afl-Cio

    294 F.3d 1114 (9th Cir. 2002)   Cited 18 times
    In Chao v. Bremerton, the Ninth Circuit interpreted the language in Section 3(j)(5) as directing the inquiry into whether a conference is "subordinate to" a national or international "labor organization" that has a member that deals with employers and not whether the conference itself has a member that deals with employers. 294 F.3d at 1117 ("We must decide not whether the Bremerton Council bargains directly with any private employers but, instead, whether the Metal Trades Department, the organization to which the Bremerton Council is subordinate, is engaged in an industry affecting commerce.").

  10. Reich v. Local 30, International Brotherhood of Teamsters

    6 F.3d 978 (3d Cir. 1993)   Cited 24 times
    Upholding under the LMRDA a union policy deeming a union member who had been out of work for six months as ineligible to run for union office due to his inactive status

  11. Section 401 - Congressional declaration of findings, purposes, and policy

    29 U.S.C. § 401   Cited 1,040 times   1 Legal Analyses
    Finding that the LMRDA was essential to "afford necessary protection of the rights and interests of employees and the public generally as they relate to the activities of labor organizations . . ."

  12. Section 481 - Terms of office and election procedures

    29 U.S.C. § 481   Cited 595 times
    Characterizing the right for elections to "be conducted in accordance with the constitution and bylaws of such organization" as a right under Title IV, to be enforced by the Secretary of Labor

  13. Section 452.53 - Application of qualifications for office

    29 C.F.R. § 452.53   Cited 15 times

    Qualifications for office which may seem reasonable on their face may not be proper if they are applied in an unreasonable manner or if they are not applied in a uniform way. An essential element of reasonableness is adequate advance notice to the membership of the precise terms of the requirement. A qualification which is not part of the constitution and bylaws or other duly enacted rules of the organization may not be the basis for denial of the right to run for office, unless required by Federal

  14. Section 452.36 - Reasonableness of qualifications

    29 C.F.R. § 452.36   Cited 14 times

    (a) The question of whether a qualification is reasonable is a matter which is not susceptible of precise definition, and will ordinarily turn on the facts in each case. However, court decisions in deciding particular cases have furnished some general guidelines. The Supreme Court in Wirtz v. Hotel, Motel and Club Employees Union, Local 6,391 U.S. 492 at 499 (1968) held that: Congress plainly did not intend that the authorization in section 401(e) of 'reasonable qualifications uniformly imposed'

  15. Section 452.57 - Procedures for nomination

    29 C.F.R. § 452.57   Cited 5 times

    (a) Since the Act does not prescribe particular procedures for the nomination of candidates, the labor organization is free to employ any method that will provide a reasonable opportunity for making nominations. There are various methods which, if properly and fairly employed, would be considered reasonable under the Act. For example, nominations may be by petition, or from the floor at a nomination meeting. (b) Whether a particular procedure is sufficient to satisfy the requirements of the Act is