UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ____________

No. 23-1026 ____________

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 Pennsylvania Avenue NW Washington, DC 20530 Jacqueline C. Romero Office of United States Attorney Chestnut Street Suite 1250 Philadelphia, PA 19106 Seema Nanda United States Department of Labor Constitution Avenue NW Washington, DC 20210 Counsel for Appellant Patricia C. Collins [ARGUED] Antheil Maslow & MacMinn W State Street P.O. Box 50 Doylestown, PA 18901 Counsel for Appellee ____________ 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.

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