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AMERICAN POSTAL WORKERS UNION v. USPS

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


September 25, 1984

AMERICAN POSTAL WORKERS UNION, Plaintiff,
v.
UNITED STATES POSTAL SERVICE and William F. Bolger, Defendants

The opinion of the court was delivered by: PENN

MEMORANDUM OPINION

 JOHN GARRETT PENN, District Judge.

 This is an action brought by the American Postal Workers Union, AFL-CIO (APWU), *fn1" to have declared unconstitutional and to enjoin the enforcement of certain United States Postal Service (USPS) "guidelines" which restrict the use of postal premises for voter registration and polling. APWU brings this action on its own behalf, on behalf of its members, and on behalf of postal employees represented by it. The matter is before the Court on cross-motions for summary judgment.

 I

 Prior to this election year, locals affiliated with the APWU had, either with the permission or acquiescence of local postmasters, *fn2" registered voters on postal premises. n3 Although by contract and regulation *fn4" APWU was not granted a right of access to postal premises for this purpose, the fact remains that APWU, through its affiliated locals, had been permitted to register voters on postal premises at certain locations for sometime. *fn5" n3 The following list, found in Plaintiff's Statement of Material Facts (Plf. Mat. Facts) at para. 3, gives examples of the cities, the areas of the post offices, and the duration of prior voter registration drives conducted by APWU locals on postal premises: Local Place Year Seattle Swing rooms 1982-1983 Cleveland Cafeteria 1982 San Francisco Swing rooms 1980-1982 Lobby 1980-1982 N.Y. Metro Lobby 1973-1977 Swing rooms 1977-1983 Houston Swing rooms & 1980-1983 Cafeteria San Jose, CA Swing rooms 1982 Detroit Swing rooms & 1982 Stewards' areas

19840925

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