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BROCK v. THE SOUTHERN REGION, REGION III

No. 338, Docket 86-6147.

808 F.2d 228 (1987)

William E. BROCK, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, Raymond J. O'Connor and Doris A. Mikus, Intervenors, v. THE SOUTHERN REGION, REGION III of the CIVIL SERVICE EMPLOYEES ASSOCIATION INC., LOCAL 1000 AMERICAN FEDERATION of STATE, COUNTY and MUNICIPAL EMPLOYEES AFL-CIO, and the Civil Service Employees Association Inc., Local 1000 American Federation of State, County and Municipal Employees AFL-CIO, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 5, 1987.

Attorney(s) appearing for the Case

Richard W. Mark, Asst. U.S. Atty., New York City (Rudolph W. Guiliani, U.S. Atty., S.D.N.Y., and Steven E. Obus, New York City, on the brief), for plaintiff-appellant.

William M. Wallens, Romer and Feather-stonehaugh, P.C., Albany, N.Y. (Michael J. Smith, of counsel), for defendants-appellees.

Before KAUFMAN, MANSFIELD and WINTER, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

Today we are called on to interpret a congressional regulatory statute in a manner that will discharge our twin obligations to prevent evasion and avoid judicially extending the statute beyond its intended confines. The Labor Management Reporting and Disclosure Act of 1959, 29 U.S.C. §§ 401-531, (the "LMRDA") provides in § 481(g) that

[n]o moneys received by any labor organization by way of dues, assessment...

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