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EXECUTIVE BD. OF TRANSPORT v. TRANSPORT WORKERS UN.

Nos. 02-4574, 03-1165.

338 F.3d 166 (2003)

The EXECUTIVE BOARD OF TRANSPORT WORKERS UNION OF PHILADELPHIA, LOCAL 234, Thomas Casey; Joseph Coccio; Brian Pollitt; Karl Turner; Robert O'Connor; ABE Tisdale; Willie Beckton; Charles Clancy; Robert D'Alfonso, and Members of Transport Workers Union of Philadelphia, Local 234 v. TRANSPORT WORKERS UNION OF AMERICA, AFL-CIO; Nellie (Jean) Alexander, Individually and as President of Transport Workers Union Local 234 Transport Workers Union of America, Appellant The Executive Board of Transport Workers Union of Philadelphia, Local 234; Thomas Casey; Joseph Coccio; Brian Pollitt; Karl Turner; Robert R. O'Connor; ABE Tisdale; Willie Beckton; Charles Clancy; Robert D'Alfonso, and Members of Transport Workers Union of Philadelphia, Local 234 v. Transport Workers Union of America, AFL-CIO; Nellie (Jean) Alexander, Individually and as President of Transport Workers Union Local 234, Nellie (Jean) Alexander, Appellant.

United States Court of Appeals, Third Circuit.

Filed July 30, 2003.

Attorney(s) appearing for the Case

Joseph J. Vitale (Argued), Cohen, Weiss & Simon, New York, NY, Gail Lopez-Henriquez, William H. Haller, Freedman & Lorry, Philadelphia, PA, for Appellant Transport Workers Union of America.

Joshua P. Rubinsky, Brodie & Rubinsky, Philadelphia, PA, for Appellant Nellie (Jean) Alexander.

Howard J. Kaufman (Argued), Bruce Bodner, Kaufman, Coren & Ress, Philadelphia, PA, for Appellees.

Before SCIRICA, Chief Judge, SLOVITER and NYGAARD, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This appeal presents us with the latest episode in an ongoing power struggle between the majority of the executive board of a union local on one side and its International and the president of the local on the other. The union is the Transport Workers Union ("TWU"); the local at issue is TWU Local 234 ("Local"); the Local's president is Jean Alexander.

The particular issue presented by this intra-union...

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