the probability of irreparable harm to the Secretary in the absence of relief does not warrant granting preliminary relief. The Secretary's interest in Mr. McCloskey's suspension is directly related to whether the June 7, 1984 election will be set aside and a new election ordered. As I have not yet determined if that will be done, there is no harm to the Secretary in allowing Mr. McCloskey's suspension to stand at this time.
If I had granted summary judgment on the section 401(c) and (g) claims, the probability of irreparable harm to the Secretary would be substantially increased. In that case, preparations for an election would be proceeding but Mr. McCloskey's suspension would prevent a competitive election from taking place. McCloskey's suspension is only relevant to the Secretary if a new election is ordered. Because a new election has not been ordered, McCloskey is not being prevented from doing anything that would result in irreparable harm to the Secretary.
The Secretary suggests that Mr. McCloskey's present suspension, if continued until such time as a new election is ordered, will place him at a great disadvantage even if the court directs that he may be a candidate and fully participate in union activities and in the reelection campaign. Although this is a reasonable position, the Secretary agrees that the better procedure would be to have a final early determination on the merits on the issue of whether a new election should be ordered, and, if so, whether the "suspension" of Mr. McCloskey should be vacated or relief be provided whereby Mr. McCloskey may be an effective and viable candidate.
The court recognizes the urgency of this matter to the parties and as both sides represented during the preliminary injunction hearing that little or no discovery was needed, this case will be listed for disposition on the merits for June 11, 1985. In the meantime, the parties are to go forward with whatever discovery they need.
Upon consideration of plaintiff Raymond J. Donovan's motion for summary judgment and motion for a preliminary injunction, defendant's response and after a hearing in open court, it is
Ordered that plaintiff's motions are denied. It is further Ordered that discovery, if any is needed, shall proceed immediately. Trial on the merits is scheduled to commence on Tuesday, June 11, 1985 at 10:30 A.M. in Courtroom 14A, United States Courthouse, 6th & Market Streets, Philadelphia, Pennsylvania.