UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

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No. 23-1026

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MARTIN J. WALSH, Secretary of the United States Department of Labor,

Appellant

v.

EASTERN MONTGOMERY COUNTY AREA LOCAL 2233, AMERICAN POSTAL WORKERS UNION, AFL-CIO ____________

On Appeal from the United States District Court For the Eastern District of Pennsylvania (District Court No. 2-22-cv-01175) District Judge: Honorable Berle M. Schiller ____________

Argued October 19, 2023 ____________

Before: CHAGARES, Chief Judge, PHIPPS and CHUNG, Circuit Judges

Simon C. Brewer [ARGUED] United States Department of Justice Civil Division 950 Pennsylvania Avenue NW Washington, DC 20530

Jacqueline C. Romero Office of United States Attorney 615 Chestnut Street Suite 1250 Philadelphia, PA 19106

Seema Nanda United States Department of Labor 200 Constitution Avenue NW Washington, DC 20210

Counsel for Appellant

Patricia C. Collins [ARGUED] Antheil Maslow & MacMinn 131 W State Street P.O. Box 50 Doylestown, PA 18901

Counsel for Appellee

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JUDGMENT ORDER ____________

This cause came to be considered on the record from the United States District

Court for the Eastern District of Pennsylvania and was argued before the Court on

October 19, 2023. After consideration of all contentions raised by Appellant, it is now

hereby ADJUDGED and ORDERED that the judgment of the District Court entered

November 7, 2022, is hereby AFFIRMED for the substantially the same reasons

articulated by the District Court.

2 Costs will be taxed to Appellant.

By the Court,

s/Michael A. Chagares Chief Circuit Judge

ATTEST:

s/ Patricia S. Dodszuweit Clerk

Date: November 1, 2023

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