HERMAN v. SPRINGFIELD MASSACHUSETTS AREA

No. 99-1483.

201 F.3d 1 (2000)

Alexis M. HERMAN, Secretary of Labor, United States Department of Labor, Plaintiff, Appellant, v. SPRINGFIELD MASSACHUSETTS AREA, LOCAL 497, AMERICAN POSTAL WORKERS UNION, AFL-CIO, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 6, 2000.


Attorney(s) appearing for the Case

Nathaniel I. Spiller, Deputy Associate Solicitor, Department of Labor, with whom Henry L. Solano, Solicitor of Labor, Allen H. Feldman, Associate Solicitor for Special Appellate and Supreme Court Litigation, and Mark S. Flynn, Senior Appellate Attorney, were on brief for appellant.

Craig D. Robinson with whom Brousseau & Robinson was on brief for appellee.

Leon Dayan with whom Laurence Gold and Bredhoff & Kaiser, P.L.L.C. were on brief for United Steelworkers of America, Amicus Curiae.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and BOUDIN, Circuit Judge.


BOUDIN, Circuit Judge.

This appeal involves the validity of an eligibility requirement imposed by a union on candidates for officer positions. The union, which is a Springfield, Massachusetts local of the American Postal Workers Union, holds officer elections once every three years. Under its constitution, a candidate for office must have been a member of the union for at least one year (two, if running for president) and—this is the disputed provision—...

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