3rd Circ. Reverses Dismissal Of Union Election Spat

Law360, New York (November 3, 2009, 2:58 PM EST) -- A federal appeals court has allowed the U.S. secretary of labor to pursue a case against the Philadelphia Transport Workers Union for allegedly unfairly disqualifying a candidate for president.

The U.S. Court of Appeals for the Third Circuit on Monday reversed a lower court’s dismissal of the secretary’s complaint for lack of subject matter jurisdiction, determining that because the provisions of the union’s constitution were ambiguous, the candidate’s complaint to the secretary was timely and the secretary’s enforcement action based on that complaint was jurisdictionally sound....
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