HERMAN v. LOCAL 305 NAT. POST OFFICE MAIL HANDLERS

No. 99-1684.

214 F.3d 475 (2000)

Alexis M. HERMAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. LOCAL 305, NATIONAL POST OFFICE MAIL HANDLERS, LIUNA, AFL-CIO, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: May 23, 2000


Attorney(s) appearing for the Case

ARGUED: Douglas Harry Hallward-Driemeier, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellant. Thamer Eugene Temple, III, McSweeney, Burtch & Crump, P.C., Richmond, Virginia, for Appellee.

ON BRIEF: David W. Ogden, Acting Assistant Attorney General, Helen F. Fahey, United States Attorney, Barbara C. Biddle, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellant.

Before HAMILTON, Senior Circuit Judge, GODBOLD, Senior Circuit Judge of the United States Court of Appeals for the Eleventh Circuit, sitting by designation, and FABER, United States District Judge for the Southern District of West Virginia, sitting by designation.


Vacated and remanded by published opinion. Senior Judge HAMILTON wrote the opinion, in which Senior Judge GODBOLD and Judge FABER joined.

OPINION

HAMILTON, Senior Circuit Judge:

The Labor Management Reporting and Disclosure Act of 1959 (LMRDA), 29 U.S.C. §§ 401-531, authorizes the Secretary of Labor (the Secretary) to initiate lawsuits in federal district court challenging union elections that violate the terms of the LMRDA. See id....

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