W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. National Maritime Union of America

HAYS, Circuit Judge

(dissenting):

I dissent with respect to the requirement of electing patrolmen.

I fear that, in trying to keep the courts from taking over lock, stock and barrel the internal operation of labor unions, I am fighting a fairly hopeless rearguard action. But, I am not yet compelled by any Supreme Court decision on the issue to accept the position that a union cannot provide for the appointment rather than the election of what are here called patrolmen, and are usually called business representatives.