United States Supreme Court Cases & Opinions

U.S. Supreme Court

Hodgson v. Steelworkers, 403 U.S. 333 (1971)

Hodgson v. Local Union 6799, United Steelworkers

of America, AFL-CIO

No. 655

Argued March 23, 1971

Decided June 14, 1971

403 U.S. 333

Syllabus

Failure of labor union member's election complaint to include an objection to meeting attendance rule during his pursuit of internal union remedies when the member was aware of the existence of the rule bars the Secretary of Labor from later challenging that rule in an action under § 402 of the Labor-Management Reporting and Disclosure Act, which provides that, once a member challenging an election has exhausted his internal union remedies and filed a complaint with the Secretary of Labor, the Secretary

"shall investigate such complaint and, if he finds probable cause to believe that a violation . . . has occurred and has not been remedied, he shall . . . bring a civil action against the labor organization."

Pp. 403 U. S. 336-341.

426 F.2d 969, affirmed.

MARSHALL, J., wrote the opinion of the Court, in which BURGER, C.J., and BLACK, DOUGLAS, HARLAN, STEWART, and BLACKMUN, JJ., joined. BRENNAN, J., post, p. 403 U. S. 341, and WHITE, J., post, p. 403 U. S. 343, filed dissenting opinions.

Page 403 U. S. 334