United States First Circuit

The Secretary of Labor's ruling that a union body used to elect officials was an "intermediate" rather than a "local" body, and was thus not required to conduct direct election was not arbitrary and capricious, and should be affirmed.

Appellate Information

• Decided 06/21/2004
• Published 06/21/2004

Judges

• LYNCH, Circuit Judge., Before TORRUELLA, LYNCH and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• William Kanter, with whom John S. Koppel, Appellate Staff, Civil Division, Michael J. Sullivan, U.S. Attorney, Peter D. Keisler, Assistant Attorney General, Gary K. Stearman, Senior Appellate Attorney, Department of Labor, Nathaniel I. Spiller, Deputy Associate Solicitor, Allen H. Feldman, Associate Solicitor, and Howard M. Radzely, Solicitor of Labor, were on brief, for appellant., Alan Hyde for the Association for Union Democracy, amicus curiae., Daniel J. Hall, with whom DeCarlo, Connor, & Selvo was on brief, for the United Brotherhood of Carpenters and Joiners of America, amicus curiae.


• For Appellees:
  
• Michael A. Feinberg, with whom Jonathan M. Conti and Feinberg, Campbell & Zack, P.C. were on brief, for appellees.