Robert Reich, Secretary of Labor United States Department of Labor v. Local 89, Laborers' International Union of North America, Afl-Cio

Lynn Martin, the then Secretary of Labor (“Secretary”), sued Local 89, Laborers’ In ternational Union of North América (“Local 89”) pursuant to section 402(b) of the Labor-Management Reporting and Disclosure Act of 1959 (“LMRDA”), 29 U.S.C. § 482 (b). Pursuant to LMRDA § 401(e), 29 U.S.C. § 481 (e), the Secretary challenged Local 89’s June 1990 election of six of its officers, contending that Local 89 had failed to allow the nomination of certain members in good standing when nominations were reopened after previous nominees had been disqualified. The Secretary alleged that this violation affected the outcome of the election and sought a judgment declaring the election void. Local 89 filed a motion for summary judgment, which the district court denied. Subsequently, the Secretary filed a motion for summary judgment. The parties agreed that there were no genuine issues of material fact and that the case presented issues of law which the district court could decide on the basis of the record before it. The district court granted the Secretary’s motion, ordered a new election for the offices of Recording Secretary, Executive Board Member, and Delegate under the supervision of the…