ELR Citation: ELR 20552
No(s). 72-630 (U.S. May 21, 1973)

A court has discretion to award legal fees when the result is to shift the costs of litigation to the class that benefited from the suit. The court affirms an award of attorney fees in a suit brought to regain membership in a union under §102 of the Labor-Management Reporting and Disclosure Act. Recovery of counsel fees, which is supported by the legislative history of the LMRDA, furthers the purposes of the act and is not precluded by the general authorization of appropriate judicial relief in §102. See La Raza Unida v. Volpe, 2 ELR 20691.

Counsel for Petitioner
Howard Schulman
1250 Broadway
New York, NY 10001

Counsel for Respondent
Burton H. Hall
401 Broadway
New York, NY 10003

MR. JUSTICE MARSHALL took no part in the consideration or decision of this case.