– Re: Harrington Brief, on appeal...
In Reply To
After investigating a complaint that the NERCC violated the LMRDA's election rules requiring a local union to conduct officer elections by direct vote of its members every three years, the Secretary concluded that the NERCC did not violate the LMRDA because it is an "intermediate" labor organization entitled to conduct elections of its officers every four years by a vote of delegates from its member locals. The questions presented are:
Whether the Secretary's supplemental statement of reasons announcing and explaining the decision not to sue the NERCC to conduct a local union election was arbitrary and capricious.
Assuming arguendo that Question 1 is answered in the affirmative, whether the district court erred as a matter of law in requiring the Secretary to "take appropriate action" prior to exhausting her appeal rights.
STATEMENT OF THE ISSUES PRESENTED FOR REVIEW