Elaine Chao, Secretary of Labor, United States Department of Labor v. Bremerton Metal Trades Council, Afl-Cio

Good Law

2002 Daily Journal DAR 7147·294 F.3d 1114·2002 WL 1363756·170 L.R.R.M. (BNA) 2289·2002 Cal. Daily Op. Serv. 5633

United States Court of Appeals for the Ninth CircuitJune 25, 200200-35729California4,357 words

Opinion

Gould, J.

In this case we must consider whether a joint council, the Bremerton Metal Trades Council (“Bremerton Council”), is a labor organization within the meaning of the Labor-Management Reporting and Disclosure Act (“LMRDA”), whether the LMRDA’s requirements for fair election procedures are superseded by the Civil Service Reform Act (“CSRA”), and whether a challenged eligibility requirement for elected officers is reasonable under the LMRDA.

I

The Secretary of Labor (“Secretary”) brought this action alleging violation of the LMRDA, 29 U.S.C. § 481 (e), on behalf of Richard Taylor, a federal employee. Taylor is a member of American Federation of Government Employees, Local No. 48 (“Local 48”) and, in 1998, was a delegate to the biennial Bremerton Council election. After Taylor was nominated for the position of Bremerton Council vice-president, the Bremerton Council president ruled that Taylor was ineligible to run for vice-president because his national union, American Federation of Government Employees (“AFGE”), was not affiliated with the Metal Trades Department of the AFL-CIO. The Bremerton Council by-laws require Bremerton Council affiliates to comply with the Metal Trades…

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