In Labor Secretary's enforcement action under the Labor Management Reporting and Disclosure Act, 29 U.S.C. section 401, against Local 234 of the Transit Workers Union, district court's dismissal of the complaint for lack of subject matter jurisdiction is reversed and remanded where: 1) because a union member's post-election protest was a valid exercise of an available remedy, his subsequent administrative complaint to the Secretary was timely; and 2) Secretary's LMRDA enforcement action based on that administrative complaint is judicially sound.
On Appeal from the United States District Court for the Eastern District of Pennsylvania
(D.C. No. 08-cv-1957)
District Judge: Honorable Legrome D. Davis
Opinion Filed November 2, 2009
Opinion by Jordan, Circuit Judge