United States Third Circuit
Solis v. Local 234, Transp. Workers Union, 09-1143
In Labor Secretary's enforcement action under the Labor Management Reporting and Disclosure Act, 29 U.S.C. section 401, against Local 234 of the Transit Workers Union, district court's dismissal of the complaint for lack of subject matter jurisdiction is reversed and remanded where: 1) because a union member's post-election protest was a valid exercise of an available remedy, his subsequent administrative complaint to the Secretary was timely; and 2) Secretary's LMRDA enforcement action based on that administrative complaint is judicially sound.
Appellate Information
- Decided 11/02/2009
- Published 11/02/2009
Judges
- Before: BARRY, FISHER and JORDAN, Circuit Judges.
Court
- United States Third Circuit
Counsel
- For Appellant:
- Michael P. Abate [Argued] Michael F. Hertz, Laurie Magid, Thomas M. Bondy, Christopher C. Fonzone, Michael S. Blume, Virginia A. Gibson, U.S. Department of Justice, Washington, DC, for Appellant., Claiborne S. Newlin, Meranze & Katz, Philadelphia, PA, for Intervenor-Plaintiff.
- For Appellees:
- Bruce Bodner [Argued] Kaufman, Coren & Ress, P.C., Philadelphia, PA, for Appellee., Peter D. DeChiara Cohen, Weiss and Simon LLP, New York, NY, for Amicus Appellee.