Calhoon v. Harvey,
379 U.S. 134 (1964)

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U.S. Supreme Court

Calhoon v. Harvey, 379 U.S. 134 (1964)

Calhoon v. Harvey

No. 17

Argued October 20, 1964

Decided December 7, 1964

379 U.S. 134


Under petitioner union's bylaws, members could nominate only themselves to office, eligibility for which, under the national constitution, was limited by specified provisions. Charging that these provisions, which they did not meet, deprived them of "equal rights" to nominate candidates under Title I, § 101(a)(1), of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), respondent union members sued under § 102 in the District Court to enjoin use of the union's challenged electoral system. That court dismissed the complaint for want of jurisdiction. The Court of Appeals reversed, holding that the combined effect of the eligibility requirements under Title IV, § 401(e), and the restriction to self-nomination determined whether § 101(a)(1) had been violated.


1. A federal district court has no jurisdiction over a suit by union members under § 102 of the LMRDA charging that the union's eligibility qualifications deprived them of the right to nominate candidates guaranteed by § 101(a)(1), that provision being directed solely against discrimination in the union's electoral process itself. Pp. 379 U. S. 138-139.

2. Eligibility requirements are governed by Title IV, § 401(e). The exclusive remedy, with exceptions not here relevant, for protecting rights thereunder is a post-election suit by the Secretary of Labor following complaint of a member who has exhausted his union remedies, as required by the Act, and an investigation by the Secretary showing probable cause of a violation. Pp. 379 U. S. 139-141.

324 F.2d 46 reversed

Page 379 U. S. 135

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