Millwrights Local Union No. 1914 v. The Honorable Earl H. Carroll

654 F.2d 548 108 L.R.R.M. (BNA) 2318 , 92 Lab.Cas. P 12,978 MILLWRIGHTS LOCAL UNION NO. 1914, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFL-CIO, Petitioner, v. The Honorable Earl H. CARROLL, in the United States District Court for the District of Arizona, Respondent, and Raymond J. Donovan, Secretary of Labor, United States Department of Labor, * Real Parties in Interest. No. 81-7279. United States Court of Appeals, Ninth Circuit. Aug. 7, 1981. Before ALARCON and REINHARDT, Circuit Judges: ORDER 1 The petition of Millwrights Local Union No. 1914, United Brotherhood of Carpenters and Joiners of America, AFL-CIO, for writ of mandate is denied. The Secretary of Labor obtained a judgment from the district court setting aside the results of a union election on the ground that the Union's rules governing eligibility to run for office were unlawful; the rules were contained in a provision of the Union's constitution. Under the applicable statute, the Secretary is required to supervise a rerun election. 29 U.S.C. § 482 (c). The rerun must be conducted "so far as lawful and practicable, in conformity with the constitution and by laws of the (union)." Id. The Secretary…