William E. Brock, Iii, Secretary of Labor, United States Department of Labor v. Writers Guild of America, West, Inc.

Appellant William E. Brock, III, Secretary of Labor for the United States Department of Labor (hereinafter the Secretary) appeals from the district court’s judgment dismissing his complaint challenging a union election conducted by appellee Writers Guild of America, West, Inc. (hereinafter the Guild), and from the district court’s sua sponte award of attorneys’ fees to the Guild. This appeal requires us to resolve a novel question of statutory construction: whether section 401(c) of the Labor-Management Reporting and Disclosure Act of 1959 (hereinafter LMRDA), 29 U.S.C. § 481 (c), which requires that unions provide adequate safeguards to insure fair union elections, affords the Secretary the power to challenge a union’s decision to permit supervisors to participate as candidates in a union election.

I

FACTUAL BACKGROUND

On September 15 and 16, 1983, the Guild (a labor organization subject to the provisions of Title IV of the LMRDA regarding the conduct of union elections) conducted an election of officers. The Guild permitted two individuals who held supervisory or management positions in the entertainment industry to participate as candidates. One was employed as a…