ACOSTA v. LOCAL UNION 26, UNITE HERE

No. 17-1666.

895 F.3d 141 (2018)

R. Alexander ACOSTA, Secretary of Labor, United States Department of Labor, Plaintiff, Appellant, v. LOCAL UNION 26, UNITE HERE, Defendant, Appellee.

United States Court of Appeals, First Circuit.

July 11, 2018.


Attorney(s) appearing for the Case

Casen B. Ross , Attorney, Appellate Staff, Civil Division, with whom Chad A. Readler , Acting Assistant Attorney General, Andrew E. Lelling , United States Attorney, William D. Weinreb , Acting United States Attorney, Mark B. Stern , Attorney, Appellate Staff, Civil Division, Nicholas C. Geale , Acting Solicitor of Labor, Beverly Dankowitz , Associate Solicitor, Civil Rights and Labor-Management Division, Clinton Wolcott , Counsel for Labor-Management Programs, and Anna Laura Bennett , Attorney, Department of Labor, were on brief, for appellant.

Richard G. McCracken , Las Vegas, NV, with whom Paul L. More , San Francisco, CA, and McCracken, Stemerman & Holsberry LLP, were on brief, for appellee.

Before Thompson, Circuit Judge, Souter, Associate Justice, and Selya, Circuit Judge.


In this suit brought against defendant Local Union 26, UNITE HERE, the Secretary of Labor claims that the union violated § 104 of the Labor-Management Reporting and Disclosure Act of 1959 (the "LMRDA") when it refused to allow one of its members to take notes while inspecting its collective bargaining agreements ...

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