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DONOVAN v. DIST. COUNCIL 35, PAINTERS, DECOR., ETC.

No. 82-1545.

702 F.2d 25 (1983)

Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, Plaintiff, Appellant, v. DISTRICT COUNCIL 35, PAINTERS, DECORATORS, HARDWOOD FINISHERS, PAPER HANGERS, SIGN WRITERS, GLAZIERS, ART GLASS WORKERS, GLASS BEVELERS AND POLISHERS AND SCENIC ARTISTS OF BOSTON AND VICINITY, INTERNATIONAL BROTHERHOOD OF PAINTERS AND ALLIED TRADES, AFL-CIO, CLC, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 14, 1983.

Attorney(s) appearing for the Case

John A. Bryson, Washington, D.C., with whom Albert H. Ross, Regional Sol., Boston, Mass., T. Timothy Ryan, Jr., Sol. of Labor, Mary-Helen Mautner, Acting Associate Sol., and Kerry L. Adams, Counsel for Appellate Litigation, U.S. Dept. of Labor, Washington, D.C., were on brief, for plaintiff, appellant.

Harold B. Roitman, Boston, Mass., with whom Richard W. Coleman, and Segal, Roitman & Coleman, Boston, Mass., were on brief, for defendant, appellee.

Before COFFIN, Chief Judge, BREYER, Circuit Judge, and SMITH, Senior District Judge.

RUSSELL E. SMITH, District Judge.

This case concerns the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. §§ 401-531) (hereafter the Act), which provides that under certain circumstances a court shall (1) declare a union election void and (2) direct the conduct of a new election under the supervision of the Secretary of Labor. The two orders involve different problems and, after outlining the factual background, we shall discuss them separately...

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