William J. Brennan, Jr.

“ Under the National Labor Relations and Railway Labor Acts the union which is the bargaining representative has power in conjunction with the employer, to fix a man's wages, hours, and conditions of employment. The individual employee may not lawfully negotiate with his employer. He is bound by the union contract. In practice, the union also has a significant role in enforcing the grievance procedure where a man's contract rights are enforced. ”

“ It is clear, therefore, that the intervention of an election in which the outcome might be as much a product of unlawful circumstances as the challenged election cannot bring the Secretary's action to a halt. Aborting the exclusive statutory remedy would immunize a proved violation from further attack and leave unvindicated the interests protected by § 401. ”

“ The notion that the unlawfulness infecting the challenged election should be considered as washed away by the following election disregards Congress' evident conclusion that only a supervised election could offer assurance that the officers who achieved office as beneficiaries of violations of the Act would not by some means perpetuate their unlawful control in the succeeding election. ”

“ Even when an election violates these standards, the stated commitment is to postpone governmental intervention until the union is afforded the opportunity to redress the violation. This is the effect of the requirement that a complaining union member must first exhaust his internal union remedies before invoking the aid of the Secretary. ”

“ International union elections must be held not less often than once every five years and local union elections not less often than once every three years. Elections must be by secret ballot among the members in good standing except that international unions may elect their officers at a convention of delegates chosen by secret ballot. ”

“ Specific provisions insure equality of treatment in the mailing of campaign literature; require adequate safeguards to insure a fair election, including the right of any candidate to have observers at the polls and at the counting of ballots; guarantee a 'reasonable opportunity' for the nomination of candidates, the right to vote without fear of reprisal, and, pertinent to the case before us, the right of every member in good standing to be a candidate, subject to 'reasonable qualifications uniformly imposed.' 29 U.S.C. §§ 481 (c) , (e) . ”

“ Harvey, 379 U.S. 134, 140, 85 S.Ct. 292, 296, 13 L.Ed.2d 190.
But the freedom allowed unions to run their own elections was reserved for those elections which conform to the democratic principles written into § 401. ”