Reich

MEMORANDUM AND ORDER DISMISSING PETITIONER’S COMPLAINT

J. INTRODUCTION

The Secretary of Labor initiated this suit pursuant to Title IV of the Labor-Management Reporting and Disclosure Act, 29 U.S.C. § 401 et seq. (hereinafter the “Act” or “LMRDA”) against defendant Local 890, International Brotherhood of Teamsters, AFL-CIO (“Local 890” or “Union”), alleging that the Union violated section 401(g) of the Act by utilizing an employee payroll deduction system for campaign contributions. The Secretary moves for summary judgment, re *440 questing that the court declare the September 1994 election results null and void, and direct a new election of officers under the Secretary's supervision pursuant to 29 U.S.C. § 482 (c). The Union opposes the motion and cross moves for summary judgment in its favor, asserting, inter alia, that the Secretary is precluded from challenging the payroll deduction system because the complainant failed to exhaust her internal union remedies.

II. UNDISPUTED FACTS

Defendant Local 890 is a local labor organization within the meaning of the Act. It maintains its principal office in Salinas, California, and is affiliated with the International Brotherhood of…