786 Fed.Appx. 384 (3rd Cir. 2019), 19-1477, Policastro v. New Jersey Education Association

Docket Nº:19-1477
Citation:786 Fed.Appx. 384
Opinion Judge:PER CURIAM
Party Name:Andrew POLICASTRO, Appellant v. NEW JERSEY EDUCATION ASSOCIATION, and their officers individually and in their official capacity; Somerset County Education Association, and their officers individually and in their official capacity; Hunterdon County Education Association, and their officers individually and in their official capacity; ...
Attorney:Andrew Policastro, Pro Se Richard A. Friedman, Esq., Zazzali Fagella Nowak Kleinbaum & Friedman, Trenton, NJ, Philip A. Hostak, Esq., National Education Association, Office of General Counsel, Washington, DC, Flavio L. Komuves, Esq., Weissman & Mintz, Somerset, NJ, for Defendants-Appellees New Je...
Judge Panel:Before: KRAUSE, SCIRICA and NYGAARD, Circuit Judges
Case Date:September 13, 2019
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
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Page 384

786 Fed.Appx. 384 (3rd Cir. 2019)

Andrew POLICASTRO, Appellant

v.

NEW JERSEY EDUCATION ASSOCIATION, and their officers individually and in their official capacity; Somerset County Education Association, and their officers individually and in their official capacity; Hunterdon County Education Association, and their officers individually and in their official capacity; Gloucester County Education Association, and their officers individually and in their official capacity; Secretary United States Department of Labor

No. 19-1477

United States Court of Appeals, Third Circuit

September 13, 2019

Submitted Pursuant to Third Circuit L.A.R. 34.1(a) September 3, 2019

NOT PRECEDENTIAL

Editorial Note:

This opinion is not regarded as Precedents which bind the court under Third Circuit Internal Operating Procedure Rule 5.7. (See Federal Rule of Appellate Procedure Rule 32.1)

On Appeal from the United States District Court for the District of New Jersey (D.C. Civil Action No. 3-17-cv-06482), District Judge: Honorable Peter G. Sheridan

Andrew Policastro, Pro Se

Richard A. Friedman, Esq., Zazzali Fagella Nowak Kleinbaum & Friedman, Trenton, NJ, Philip A. Hostak, Esq., National Education Association, Office of General Counsel, Washington, DC, Flavio L. Komuves, Esq., Weissman & Mintz, Somerset, NJ, for Defendants-Appellees New Jersey Education Association, Somerset County Education Association, Hunterdon County Education Association, Gloucester County Education Association

Jessica R. O’Neill, Esq., Office of United States Attorney, Camden, NJ, J. Andrew Ruymann, Esq., Office of United States Attorney, Trenton, NJ, David V. Simunovich, Esq., Office of United States Attorney, Newark, NJ, for Defendant-Appellee Secretary United States Department of Labor

Before: KRAUSE, SCIRICA and NYGAARD, Circuit Judges

OPINION[*]

PER CURIAM

Page 385

Andrew Policastro appeals pro se from the District Court’s grant of summary judgment in favor of the Secretary of the United States Department of Labor ("Secretary"). For the following reasons, we will affirm the judgment of the District Court.

Because we write primarily for the parties, we will only recite the facts necessary for our discussion. Policastro is a public school teacher who launched an unsuccessful bid in 2017 for a leadership position in his union, the New Jersey Education Association (NJEA). After losing the election and filing a dispute with the NJEA, Policastro filed a complaint with the United States Department of Labor ("DOL"). Policastro alleged that the NJEA engaged in election irregularities that violated the Labor-Management Reporting and Disclosure Act ("LMRDA"), as amended at 29 U.S.C. § § 481-83, as well as federal law. After conducting an investigation, the DOL provided Policastro a written statement wherein it declined to pursue his claims. The DOL...

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