Chao

Chao v. Local 442, United Ass'n of Journeymen & Apprentices of the Plumbing & Pipefitting Industry of the United States & Canada, AFL-CIO

Good Law

203 F. Supp. 2d 1170·2002 WL 1031150·170 L.R.R.M. (BNA) 2154·2002 U.S. Dist. LEXIS 9217

United States District Court, Eastern District of CaliforniaMay 10, 2002CIV-S-01-0874DFLGGHCalifornia2,651 words

Opinion

Levi, J.

AMENDED MEMORANDUM of OPINION and ORDER

Elaine Chao, the Secretary of Labor, U.S. Department of Labor (“Secretary”), filed suit against Local 442, United Association of Journeyman and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL-CIO (“Local 442”), alleging that Local 442 violated election Bylaw 28(j) during its December 16, 2000 elections. The Secretary alleges that Ronald Hayes, a candidate for Business Agent, was engaged in electioneering and campaigning within 100 feet of the Local 442 polling place on the day of the election in violation Bylaw § 28(j). The Secretary moves for summary judgment and seeks to have the court nullify the election results for Business Agent and order a new election. Local 442 also moves for summary judgment.

I. A. Local 442 and Election Rules

Local 442 was formed in December 1997 as a result of the consolidation of two predecessor unions, United Association Local 492 of Stockton and United Association Local 437 of Modesto. (Opp. at 2). In May 2000, Local 442 adopted its first set of Bylaws. (Defs.’ Statement of Undisputed Facts “SUF” at ¶2). The Bylaws include detailed rules for conducting elections.…

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