Justia Election Law Opinion SummariesArticles Posted in Labor & Employment Law
Cook v. Popplewell
Shortly after announcing her intention to seek election to the office of county clerk, Appellant Stacie Cook was discharged from her position as a deputy clerk by the incumbent county clerk, Appellee Lisha Popplewell, who also intended to seek election to the clerk position. Following Cook's defeat in the primary election, she brought a 42 U.S.C. 1983 action against Popplewell and the county, alleging that she had been discharged in violation of her First and Fourteenth Amendment rights. The circuit court dismissed Cook's complaint by summary judgment, ruling that Cook's interest in being a candidate enjoyed no constitutional protection. The court of appeals affirmed. The Supreme Court affirmed, holding that there was no reason to deviate from settled law concluding that there is no constitutional right to candidacy. View "Cook v. Popplewell" on Justia Law
Hilda L. Solis v. Amalgamated Transit Union
The United States Secretary of Labor ("Secretary") appealed the district court's grant of summary judgment to Amalgamated Transit Union, Local 1005 ("Local 1005) on the claim that Local 1005's November 2008 election procedures violated the "adequate safeguards" provision of the Labor Management Reporting and Disclosure Act ("LMRDA"), 29 U.S.C. 481(c). At issue was whether the district court applied the wrong legal standard in its analysis and whether the district erred when it determined that Local 1005 did not violate the "adequate safeguards provision" of the LMRDA. The court held that the district court did not apply the wrong legal standard where the district court found no violation of section 481(c). The court also affirmed summary judgment and held that Local 1005's actions regarding the accurate announcement of the sole requirement to stand for elected office, coupled with the fully accurate notices posted both on Local 1005's job site bulletin and boards, as well as on its website, amounted to "adequate safeguards" under the LMRDA.