Benoit Brookens v. LaRhonda Gamble, et al.

The Labor-Management Reporting and Disclosure Act (LMRDA) expressly provides any person whose rights are infringed by any violation of the subchapter may bring a civil suit in a district court of the United States for such relief (including injunctions) as may be appropriate. Such action against a labor organization shall be brought in the district court where the alleged violation occurred, or where the principle office of the labor organization is located. 29 U.S. C. Sec. 412. The Court of Appeals for the District of Columbia Circuit rejected this requirement. The Court adopted the district court’s holding held that Section 402(e) “excludes the United States or any corporation wholly owned by the United States or any State or political subdivision thereof,” from its definition of “Employer.” Sec. 402(e). The DC Circuit held that because Local 12 and Council 1 are composed exclusively of government employees the district court rightly dismissed Brookens’ claim. The D.C. Circuit further factually erroneously held that to the extent Brookens contends that Council 1 unlike Local 12 is a “joint council” Sec. 402(i) the argument was forfeited because it was not raised in the district court. The question presented is: Whether the DC Circuit is bound by the Federal Regulation 29 CFR 458.1 General Subpart A-Substantive Requirements interpreting 29 U.S.C. Sec. 411 Concerning Standards of Conduct. The regulation state that “unless otherwise provided in