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AMERICAN FEDERATION OF LABOR AND CONGRESS v. CHAO

No. 04-5057.

409 F.3d 377 (2005)

AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS, Appellant v. Elaine L. CHAO, United States Secretary of Labor, Appellee

United States Court of Appeals, District of Columbia Circuit.

Decided May 31, 2005.

Attorney(s) appearing for the Case

Leon Dayan argued the cause for appellant. With him on the briefs were Robert M. Weinberg, Laurence Gold, Jonathan P. Hiatt, Deborah Greenfield, and James B. Coppess.

Jeffrey Clair, Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, Michael J. Singer, Attorney, Nathaniel I. Spiller, Acting Associate Solicitor, U.S. Department of Labor, Andrew D. Auerbach, Counsel, and William J. Stone, Senior Attorney.

Raymond J. LaJeunesse, Jr. and Nathan Paul Mehrens were on the brief for amici curiae National Right to Work Legal Defense Foundation, Inc., et al. in support of appellee.

Before: EDWARDS, ROGERS and ROBERTS, Circuit Judges.

Opinion for the Court filed by Circuit Judges ROGERS.

Opinion concurring in part and dissenting in part filed by Circuit Judge ROBERTS.

ROGERS, Circuit Judge.

The American Federation of Labor and Congress of Industrial Organizations ("AFL-CIO") challenges the Secretary of Labor's interpretation of her authority under sections 201(b) and 208 of the Labor Management Reporting and Disclosure Act of 1959 ("LMRDA"), 29 U.S.C. §§ 431(b), 438 (2000...

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