WIRTZ v. PENINSULA SHIPBUILDERS ASSOCIATION

No. 11160.

382 F.2d 237 (1967)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. PENINSULA SHIPBUILDERS ASSOCIATION, Appellee.

United States Court of Appeals Fourth Circuit.

Decided August 29, 1967.


Attorney(s) appearing for the Case

Morton Hollander, Atty., Dept. of Justice (Barefoot Sanders, Asst. Atty. Gen., David L. Rose and Robert E. Kopp, Attys., Dept. of Justice, and C. Vernon Spratley, Jr., U. S. Atty., on brief), for appellant.

Herbert V. Kelly, Newport News, Va. (Jones, Belchman, Woltz & Kelly, Newport News, Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and WINTER, Circuit Judges.


SOBELOFF, Circuit Judge:

The Secretary of Labor appeals from the District Court's order dismissing for lack of jurisdiction a complaint filed by the Secretary charging Peninsula Ship-builders Association, a labor union, with violations of section 401 of the Labor Management Reporting and Disclosure Act of 1959, 29 U.S.C. § 481.

Under section 402(a) of the Act, 29 U.S.C. § 482(a), any union member, after exhausting available intra-union remedies,...

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