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Abstract

Plaintiff union, its president, and two union members sought to enjoin the National Labor Relations Board and its members individually from disqualifying plaintiff union from participation in union representation elections held by the board among the employees of two Great Lakes shipping companies. The exclusion of the plaintiff union was based on its failure to file affidavits and reports under sections 9 (f), 9 (g), and 9 (h) of the Taft-Hartley Act, which failure by the terms of the act served to disqualify the non-complying union from participation in board procedures. The plaintiff union attacked the requirements as unconstitutional. Held, by a statutory three-judge court, one judge dissenting, complaint dismissed. National Maritime Union v. Herzog, (D.C. D.C. 1948) 78 F. Supp. 146; affd., 334 U.S. 854, 68 S.Ct. 1529 (1948).

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