Hugo Black

“ No labor organization shall be required by law to conduct elections of officers with greater frequency or in a different form or manner than is required by its own constitution or bylaws, except as otherwise provided by this title. Existing rights and remedies to enforce the constitution and bylaws of a labor organization with respect to elections prior to the conduct thereof shall not be affected by the provisions of this title. ”

“ Whether the eligibility requirements set by the union's constitution and bylaws were reasonable and valid is a question separate and distinct from whether the right to nominate on an equal basis given by § 101 (a) (1) was violated. The District Court therefore was without jurisdiction to grant the relief requested here unless, as the Court of Appeals held, the 'combined effect of the eligibility requirements and the restriction to self-nomination' is to be considered in determining whether § 101 (a) (1) has been violated. ”

“ Title IV sets up a statutory scheme governing the election of union officers, fixing the terms during which they hold office, requiring that elections be by secret ballot, regulating the handling of campaign literature, requiring a reasonable opportunity for the nomination of candidates, authorizing unions to fix 'reasonable qualifications uniformly imposed' for candidates, and attempting to guarantee fair union elections in which all the members are allowed to participate. ”

“ No less is the equal right to nominate infringed where onerous burdens drastically limit the candidates available for nomination. In scrutinizing devices designed to erode the franchise, the Court has shown impatience with arguments founded in the form of the device. ”

“ Beckman v. Local No. 46 International Assn. of Bridge, Structural and Ornamental Iron Workers, 314 F.2d 848 (C.A.7th Cir.) ; Robins v. Rarback, 325 F.2d 929 (C.A.2d Cir.) , petition for cert. pending, No. ”