Hodgson v. Carpenters Resilient Flooring Local Union No. 2212 (1972)
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Weems v. McCloud (1980)
But see Hodgson v. Carpenters Resilient Flooring Local Union # 2212, 457 F.2d 1364 (3d Cir. 1974), holding that an ousted union official may intervene in the certification proceedings following a court-ordered election, apparently reading Trbovich contrary to our reading, to say that intervention is to be determined solely on the basis of Rule 24.
We adopt the view of Judge Gibbons, writing for the Third Circuit, that section 402 when read in its entirety “imposes upon the court a judicial obligation with respect to enforcement of the Secretary’s certification.” Hodgson v. Carpenters Resilient Flooring Local Union No. 2212, 457 F.2d 1364, 1368 (3d Cir. 1972) (emphasis supplied.) 9 The court’s function is to attach its imprimatur to the Secre tary’s certification only if it is satisfied that the supervised election has…
emphasis supplied.
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Usery v. Local Union No. 639 International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of … (1976)
A. Reviewability 8 9 Section 402 directs that "(t)he Secretary shall promptly certify to the court the names of the persons elected, and the court shall thereupon enter a decree declaring such persons to be the officers of the labor organization." The question arises whether this seemingly mandatory language identifies the court's role as being of a non-judicial ministerial nature, to "rubber stamp" the Secretary's certification by issuing a decree incorporating the Secretar…
emphasis supplied.
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Donovan v. Westside Local 174 (1986)
Carpenters Resilient Flooring, 457 F.2d at 1369.
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Raymond J. Donovan v. Westside Local 174 (1986)
Intervention pursuant to Rule 24(a) should have been permitted. 40 Carpenters Resilient Flooring, 457 F.2d at 1369. 41 At least two circuits have denied intervention in the certification procedure.
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Peter J. Brennan, Secretary of Labor, United States Department of Labor v. Silvergate District Lodge No. 50, … (1974)
Hodgson v. Carpenters Resilient Flooring Local U. No. 2212, supra, 457 F.2d at 1371-1372.
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Brennan v. Silvergate District Lodge No. 50, International Ass'n of Machinists & Aerospace Workers (1974)
Hodgson v. Carpenters Resilient Flooring Local U. No. 2212, supra, 457 F.2d at 1371-1372.
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Solis v. Local 234, Transport Workers Union (2011)
STANDARD OF LAW In challenging the Secretary’s decision to certify the election results, Brown and Pollitt face the heavy burden of demonstrating “whether the Secretary’s action was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law — in this case the legal requirements of § 402 of the [LMRDA].” Hodgson v. Carpenters Resilient Flooring, Local Union No. 2212, 457 F.2d 1364, 1370 (3d Cir.1972).
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Martin v. INTERN. ORG. OF MASTERS, MATES & PILOTS (1992)
Circuits, in Usery v. Local Union No. 639, Int'l Bhd. of Teamsters, 543 F.2d 369 , 377 (D.C.Cir.1976), cert. denied, 429 U.S. 1123 , 97 S.Ct. 1159 , 51 L.Ed.2d 573 (1977), and Hodgson v. Carpenters Resilient Flooring Local Union No. 2212, 457 F.2d 1364, 1370 (3rd Cir. 1972), held that a losing candidate may intervene to contest the Secretary's certification of a supervised election.
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Martin v. International Organization of Masters (1992)
Circuits, in Usery v. Local Union No. 639, Int’l Bhd. of Teamsters, 543 F.2d 369 , 377 (D.C.Cir.1976), cert. denied, 429 U.S. 1123 , 97 S.Ct. 1159 , 51 L.Ed.2d 573 (1977), and Hodgson v. Carpenters Resilient Flooring Local Union No. 2212, 457 F.2d 1364, 1370 (3rd Cir.1972), held that a losing candidate may intervene to contest the Secretary’s certification of a supervised election.
See Trbovich v. United Mine Workers of America, supra ; Hodgson v. Carpenters Resilient Flooring Local Union No. 2212, 457 F.2d 1364, 1368 (3d Cir. 1972).
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Terminal Freight Cooperative Association and Terminal Freight Handling Company v. National Labor Relations Bo… (1972)
See also, Hodgson v. Carpenters Resilient Flooring, Local 2212, 457 F.2d 1364 (3d Cir. 1972).
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Hodgson v. United Steelworkers of America (1972)
See, Hodgson v. Carpenters Resilient Flooring Local Union No. 2212, 457 F.2d 1364, at 1368 (3d Cir. 1972).
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Hodgson v. United Steelworkers Of America (1972)
See, Hodgson v. Carpenters Resilient Flooring Local Union No. 2212, 457 F.2d 1364, at 1368 (3d Cir. 1972)
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Brown v. American Arbitration Ass'n (1989)
See Hodgson, supra; MacDonald v. Carr, 355 Mass. 120 , 243 N.E.2d 808 (1969) (remedy provided by §§ 481-483 for challenging election already conducted is exclusive and state courts are deprived of jurisdiction of such actions); McBride v. Rockefeller Family Fund, 612 F.2d 34, 35 (2d Cir.1979) (New York courts refrain from adjudicating post-election disputes); Arnold v. District Council No. 9, International Brotherhood of Painters and Allied Trades, 61 A.D.2d 748 , 401 N.Y.S.…
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Hodgson v. Chain Service Restaurant, Luncheonette & Soda Fountain Employees Union, Local 11 (1973)
See, Hodgson v. Local 2212 Carpenters Resilient Flooring Union, 457 F.2d 1364 (3rd Cir. 1972) ; Beaird, Union Officer Election Provisions of the Labor-Management Reporting and Disclosure Act of 1959, 51 Va.L.Rev. 1306, 1329-1330 (1965). .
See, Hodgson v. Local 2212 Carpenters Resilient Flooring Union, 457 F.2d 1364 (3rd Cir. 1972); Beaird, Union Officer Election Provisions of the Labor-Management Reporting and Disclosure Act of 1959. 51 Va.L.Rev. 1306, 1329-1330 (1965). [17] The Second Circuit has held, however, that the Secretary of Labor, absent a complaint by a union member, can obtain an order enjoining a union from holding an election or from giving effect to one already in process if certain conditions …