Raymond J. Donovan, Secretary of Labor, United States Department of Labor v. Local 3122, Communication Workers of America, Afl-Cio

CLARK, Circuit Judge:

The plaintiff Secretary of Labor appeals from an order of the District Court for the Southern District of Florida, granting the defendant union’s motion to dismiss. We reverse.

This case involves the application of § 402(a) of the Labor Management Report ing and Disclosure Act of 1959 (LMRDA), 29 U.S.C. § 482. The statute provides in relevant part:(a) A member of a labor organization—(1) who has exhausted the remedies available under the constitution and bylaws of such organization and of any parent body, or(2) who has invoked such available remedies without obtaining a…