DONOVAN v. LOCAL 126, INT. BROTH. OF ELEC. WKRS.

No. 83-1061.

728 F.2d 610 (1984)

Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, and Theodore Gomez, Intervening Plaintiff, Appellants, v. LOCAL 126, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO, CLC, Appellee.

United States Court of Appeals, Third Circuit.

Decided March 5, 1984.


Attorney(s) appearing for the Case

Dennis Paquette (argued), Francis X. Lilly, Deputy Sol. of Labor, John F. Depenbrock, Associate Sol., Susan M. Webman, Robert K. Kopp, U.S.Dept. of Labor, Washington, D.C., Marshall Harris, Regional Sol., Dale J. Belock, U.S.Dept. of Labor, Philadelphia, Pa., for appellant.

Theodore Gomez, pro se.

R. Michael Carr (argued), Stephen J. Springer, Labrum & Doak, Philadelphia, Pa., for appellee.

Before HUNTER and WEIS, Circuit Judges, and GERRY, District Judge.


OPINION OF THE COURT

WEIS, Circuit Judge.

After the complaining party's death, another member of a local intervened in union proceedings challenging an election. Because no objection to the intervention was made at that time, we conclude that the union waived its constitutional provision establishing the period within which complaints could be lodged. In that circumstance, the internal union remedies were properly exhausted and therefore the Secretary of...

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