Talavera

MEMORANDUM OPINION AND ORDER DISMISSING PART OF COMPLAINT AS MOOT, PART FOR LACK OF JURISDICTION, AND DENYING DEFENDANTS’ MOTION TO STRIKE THE FOURTH CAUSE OF ACTION

History

On April 1, 1971, Talavera filed his first amended complaint seeking injunctive and other relief under the provisions of 28 U.S.C. §§ 1331 and 1337, and 29 U.S.C. § 412 . Talavera contended that he had been duly nominated for the office of Recording Secretary and Business Manager of Local 85, International Brotherhood of Teamsters, Warehouse Helpers of America, but that defendant Richardson and other officers of the union had not put his name on the ballot. Talavera contended, in arguing for temporary and permanent injunctions preventing defendants from opening or counting any of the ballots, that his rights under Title I of the Labor-Management Reporting and Disclosure Act (LMRDA) 29 U.S.C. § 411 et seq. had been violated. The bases of Talavera’s allegations fall into two general categories: (1) the election procedures relating to the method of nomination, date of the election, and method of voting violated the Union’s constitution and bylaws, and (2) Talavera’s name was improperly kept off the ballot on…