Jottings By An Employer's Lawyer

Tuesday, July 15, 2003

2nd Circuit - Hatch Act Bars USPW Postings That Advocate Support for Political Candidates

Finally resolving a dispute that first reached the Court's attention shortly before the 2002 presidential election, the 2nd Circuit has now confirmed what it had foreshadowed in granting a stay of the lower court's ruling before the Congressional mid-term elections. It is a violation of the Hatch Act for the Postal Workers Union to post political posters in the non-public area of post offices supporting a candidate even if the candidate or a political party had no role in preparation of the materials. Burrus v. Vegliante (2nd Cir. 7/14/03).

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