violation had on the other twenty-two offices. Therefore, under Wirtz, the prima facie case established by the violation has not been rebutted.
Finally, "once the Secretary's authority has been properly invoked by a complaining union member, his action is not narrowly limited to the specifics of the member's complaint to the union." Usery v. District 22, United Mine Workers of America, 543 F.2d 744 (10th Cir. 1976), quoting Hodgson v. Local 6799, United Steelworkers, 403 U.S. 333, 91 S. Ct. 1841, 29 L. Ed. 2d 510 (1971). It is therefore appropriate for this court to order a new election for all offices involved in the election under complaint.
This court may consider the cost of a new election when remedying a Title IV matter. However, as we expressed in our September 20, 1982 memorandum opinion, the union will not be put to a double expense if it chooses to run the new elections concurrently with the next regularly scheduled election for stewards. We are satisfied that the only appropriate remedy, where, as in this case, the Secretary has not unreasonably delayed the processing of the case, is to require a new election of all offices filled in the October 7, 1981 election.
Upon consideration of the motion of the Secretary of Labor for reconsideration and modification of this Court's Order of September 20, 1982, it is hereby ordered that judgment is entered in favor of the plaintiff and against the defendant. In accordance with the attached opinion a new election for all Local 119 offices filled in the October 7, 1981 election is to be held within 120 days of the date of this Order.
IT IS SO ORDERED.
© 1992-2004 VersusLaw Inc.