Reich v. Central California Dist. Council of Carpenters, United Broth. of Carpenters and Joiners of America, AFL-CIO

993 F.2d 884 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert REICH, Secretary of Labor, United States Department of Labor, * Plaintiff-Appellant, v. CENTRAL CALIFORNIA DISTRICT COUNCIL OF CARPENTERS, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFL-CIO, Defendant-Appellee. No. 91-15831. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 12, 1993. Decided May 12, 1993. Before ALDISERT, ** GOODWIN and FLETCHER, Circuit Judges. 1 MEMORANDUM *** 2 The Secretary of Labor appeals the grant of summary judgment, based on the district court's finding that the statute of limitations barred the Secretary's complaint, in favor of the Central California District Council of Carpenters ("District Council"). The Secretary's suit was filed ninety-seven days after he accepted a complaint from an unsuccessful candidate in the District Council's April 1989 election. The relevant statute, 29 U.S.C. § 482 (b) (1988), requires that a suit to set…