On November 18, 2011, in the United States District Court for the Eastern District of California, the Department filed suit against the National Emergency Medical Services Association (NEMSA), located in Modesto, Calif. The Department alleges that the union failed to hold its regular officer election in June 2011. By failing to allow members to elect their union officers at least once every three years, as required by Title IV of the LMRDA and the union’s constitution, the Department contends that the union violated Sections 401(b) and 401(e) of the LMRDA. To remedy these violations, the Department seeks to supervise an election for vice president, treasurer, and five regional director positions. The lawsuit follows an investigation by the OLMS San Francisco District Office.
On October 11, 2011, in the United States District Court for the Central District of California, the Department filed suit against International Union of Operating Engineers (IUOE) Local 501 (located in Los Angeles, Calif.). The lawsuit seeks to nullify the August 26, 2010 election for the offices of business manager/recording-corresponding secretary, president, vice president, financial secretary, trustee, one auditor, and one executive board member. The complaint alleges Local 501 improperly disqualified two nominees who had been barred by the union from holding office; refused to allow a slate of candidates to run on the ballot as a slate because the slate was comprised of fewer than 10 candidates; and printed erroneous instructions on the ballot regarding how many auditor positions members could vote for. The lawsuit follows an investigation by the OLMS Los Angeles District Office.
On September 9, 2011, the Department and Steelworkers Local 1014 (located in Gary, Ind.) filed a stipulation of settlement to set aside the local’s April 2009 election of president, vice president, recording secretary, treasurer, guide, inner guard, and two trustees. The lawsuit, filed in the United States District Court for the Northern District of Indiana, alleged that campaign fundraising activities were conducted at the employer’s facility on employer time. The settlement provides that OLMS will supervise the election of officers in April 2012. The settlement follows an investigation by the OLMS Chicago District Office.
On August 1, 2011, a Stipulation of Settlement and Order was filed in the United States District Court for the Northern District of Illinois, Eastern Division, to settle the Department’s lawsuit against District Lodge 141 of the International Association of Machinists (located in Elk Grove Village, Ill.). The Stipulation of Settlement and Order provides that the Department will supervise a new election for the assistant general chairman positions elected in June 2010, and, at the same time, the Department will also supervise the next regular election of district lodge officers scheduled for June 2012. The Department’s lawsuit sought to void the June 2010 election of 11 assistant general chairman positions because the union improperly disqualified a nominee for that office for failing to meet the union’s 24-month continuous good standing candidate eligibility requirement. The lawsuit followed an investigation by the OLMS Chicago District Office.
On July 22, 2011, the United States District Court for the District of Maryland granted the Department’s motion for summary judgment in a lawsuit against Local 9477 of the United Steelworkers (located in Baltimore, Md.). The Order requires Local 9477 to conduct a new election for president, vice president, financial secretary, treasurer, outside guard, inside guard, 1st trustee, 2nd trustee, and grievance committee members for Zones 1, 3, and 7, under the Department’s supervision. The lawsuit sought to void the offices won by the incumbent slate in Local 9477’s April 20, 2009 election of officers after an OLMS investigation established that the incumbent slate used employer resources, including facsimile machines and e-mail, to promote their candidacies. The lawsuit follows an investigation by the OLMS Washington District Office.
On July 21, 2011, the Department and Steelworkers Local 9460 filed a stipulation of settlement to resolve the Department’s January 26, 2010 lawsuit which sought to set aside the local’s April 2009 election of president, vice president, guide, inner guard, outer guard, and three trustees. The lawsuit, filed in the United States District Court for the District of Minnesota, alleged that the union failed to provide proper notice of nominations and election to its members. The settlement provides that OLMS will supervise the election of officers in April 2012. The settlement follows an investigation by the OLMS Milwaukee District Office.
On March 28, 2011, the Department filed suit against the National Emergency Medical Services Association (NEMSA), located in Modesto, California, in the United States District Court for the Eastern District of California. The lawsuit seeks an order installing James Gambone to the office of president and prohibiting the union from removing Mr. Gambone from office on the grounds he was not eligible to run for or hold office. The complaint alleges the union denied Mr. Gambone, a member in good standing, the right to be a candidate and run for office, and further refused to permit Mr. Gambone to hold and serve in that position when he was duly elected president by receiving the most votes, by write-in votes, in the union’s July 12, 2010 election. The lawsuit follows an investigation by the OLMS San Francisco District Office.
On March 2, 2011, in the United States District Court for the District of Puerto Rico, the Department filed suit against Union General de Trabajadores (located in Rio Piedras, P.R.). The lawsuit seeks to void the February 1, 2010 election of officers and seeks a new election under the Department's supervision. The lawsuit alleges that employer funds and resources were used to promote the winning slate of candidates in that an employer provided the winning slate with advertising and design services without receiving payment until after the Department's investigation. The lawsuit follows an investigation by the OLMS Atlanta District Office.
On February 9, 2011, the United States District Court for the District of Columbia granted the Department's motion for summary judgment and ordered a new election under the Department's supervision in a lawsuit against the American Federation of Government Employees (AFGE). The lawsuit sought to void the May 17, 2008 election for District 2 AFGE National Vice President because the union denied a member in good standing the right to run for office. The court's decision follows an investigation by the OLMS Washington District Office.
Last Updated: 12-20-11