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BRENNAN v. LOCAL U. 122, AMALGAMATED CLOTHING

No. 76-2417.

564 F.2d 657 (1977)

Peter J. BRENNAN, Secretary of Labor, United States Department of Labor v. LOCAL UNION 122, AMALGAMATED CLOTHING WORKERS OF AMERICA, AFL-CIO. Appeal of UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Decided October 25, 1977.

Attorney(s) appearing for the Case

Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., David W. Marston, U. S. Atty., Philadelphia, Pa., William Kanter, Eloise E. Davies, Edwin E. Huddleson, III, Attys., Dept. of Justice, Washington, D. C., for appellant.

Alan F. Markovitz, Jerome L. Markovitz, Markovitz, Brooks & Cantor, Philadelphia, Pa., for appellee.

Before VAN DUSEN, ADAMS and HUNTER, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

This appeal brings before us a dispute concerning the nature of the "remedies" which must be exhausted before an employee may file a complaint with the Secretary of Labor under Title IV of the Labor Management Relations Disclosure Act of 1959 (LMRDA).1 The complaint here contested the validity of a union by-law that requires a nomination for union office to be seconded

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