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DONOVAN v. DISTRICT 1199, N.Y. HEALTH & HOSP. CARE

No. 1011, Docket 85-6039.

760 F.2d 440 (1985)

Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, Petitioner-Appellee, v. DISTRICT 1199, NEW YORK HEALTH AND HOSPITAL CARE EMPLOYEES, RETAIL, WHOLESALE, DEPARTMENT STORE UNION, AFL-CIO, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 23, 1985.

Attorney(s) appearing for the Case

Jerome Tauber, New York City (I. Philip Sipser, Sipser, Weinstock, Harper, Dorn & Leibowitz, New York City, of counsel), for respondent-appellant.

Susan M. Campbell, Asst. U.S. Atty., New York City (Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., Steven E. Obus, Asst. U.S. Atty., Alan L. Kammerman, Atty., Dept. of Labor, New York City, of counsel), for petitioner-appellee.

Before MANSFIELD, OAKES and WINTER, Circuit Judges.

PER CURIAM:

After receiving a complaint on August 31, 1984, of alleged illegalities in an election of union officers conducted by District 1199 in May 1984, the Department of Labor initiated an investigation pursuant to section 601(a) of the Labor Management Reporting and Disclosure Act of 1959, 29 U.S.C. § 521(a) ("LMRDA"). The filing of the complaint commenced the running of the sixty-day statute of limitations period for the Department to bring suit to set...

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