On November 8, 2022, the United States District Court for the Eastern District of Missouri granted the Secretary’s motion for summary judgment against International Brotherhood of Teamsters (IBT) Local 688 (located in St. Louis, Mo.). The lawsuit sought to nullify the union’s November 2020 election of officers after OLMS’ investigation determined that Local 688 violated Title IV of the LMRDA when the local failed to provide proper safeguards to ensure ballot secrecy at multiple polling sites. In granting the Secretary’s motion, the court ruled that a remedial election must be conducted, under the Secretary’s supervision, for the offices of president, vice president, recording secretary, secretary treasurer, and three trustees. The summary judgment follows an investigation by the OLMS Denver-St. Louis District Office.
In a September 28, 2022 recommended decision, the United States Department of Labor’s Office of Administrative Law Judges granted OLMS’ opposed motion for summary decision against the Patent Office Professional Association (POPA) (located in Alexandria, Va.). The lawsuit sought to nullify the union’s November 13, 2020 election for the office of president. The Office of Administrative Law Judges ruled, in the recommended decision and order, that the union failed to comply with a candidate’s reasonable request to distribute campaign literature at the candidate’s expense, in violation of Section 401(c) of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), made applicable to federal sector unions by the Civil Service Reform Act of 1978 (CSRA). The court also recommended that a new election for the office of president be completed under the supervision of the OLMS, no later than 120 days from the date of the order. The lawsuit follows an investigation by the OLMS Washington District Office.
On June 17, 2022, in the United States District Court for the Northern District of Illinois, a settlement was reached between American Postal Workers Union (APWU) Local 1 (located in Chicago, Ill.) and the Department of Labor. The settlement agreement requires APWU Local 1 to conduct new nominations and election for the offices of president, secretary-treasurer, director of industrial relations/research and education, director of organization, director of human relations, clerk craft director, assistant clerk craft director A, assistant clerk craft director B, trustee clerk craft division, director MVS craft division, assistant director maintenance MVS division, and assistant director maintenance craft division under OLMS supervision. The lawsuit alleged that during Local 1’s December 2020 officer election, the local failed to provide proper notice of election when it changed the date of the mail ballot election without mailing a notice of the new date to the members at least 15 days prior to the date of the election. The settlement agreement follows an investigation by the OLMS Chicago District Office.
On June 10, 2022, in the United States District Court for the Eastern District of Pennsylvania, a settlement was reached between International Brotherhood of Electrical Workers (IBEW) Local 98 and the Department of Labor. The settlement agreement requires IBEW Local 98 to conduct its next regularly scheduled officer election under OLMS supervision. This settlement agreement followed a civil suit filed by the Secretary of Labor following an OLMS investigation. The suit alleged that during Local 98’s June 2020 officer election, the local deprived members of their right to nominate, be nominated, and vote or otherwise support candidates of their choice without penalty, discipline, or improper interference or reprisal. The settlement agreement follows an investigation by the OLMS Philadelphia-Pittsburgh District Office.
On May 27, 2022, in the United States District Court for the Southern District of Florida, the Department filed suit against Transport Workers Union (TWU) Local 568 (located in Miami, Fla.), concerning its December 15, 2021, election of officers. The OLMS investigation determined that Local 568 improperly disqualified a member in good standing from candidacy for the office of president based on discipline imposed without providing the member with written specific charges or a full and fair hearing as required by Section 101(a)(5) of the LMRDA. The suit follows an investigation by the OLMS Atlanta-Nashville District Office.
On March 28, 2022, in the United States District Court for the Eastern District of Pennsylvania, the Department filed suit against American Postal Workers Union (APWU) Local 2233 (located in Plymouth Meeting, Pa.). The lawsuit seeks to nullify the local’s September 26, 2021, election for the office of president. The complaint alleges the local improperly disqualified a member in good standing as a candidate for president solely because he did not circle the word “accept” on his self-nomination form, which the member otherwise fully completed and in which he plainly manifested his intent to accept his nomination. The lawsuit follows an investigation by the OLMS Philadelphia-Pittsburgh District Office.
On March 16, 2022, in the United States District Court for the Central District of California, the Department filed suit against International Union of Elevator Constructors (IUEC) Local 18 (located in Glendora, Calif.), seeking to nullify the union officer election held on June 30, 2021. The lawsuit seeks an order requiring Local 18 to conduct a new election for the offices of business manager, trustee, and executive board members (3), under the Secretary’s supervision. The complaint alleges that Local 18 violated Title IV of the LMRDA when, after issuing a second ballot package eight days after the first, it failed to provide sufficient voting instructions to members, and failed to provide clear, timely notice that members who had already voted the first ballot were required to vote the revised ballot in order to have their vote counted. As a result, at least 135 members who only voted the first ballot were denied the right to vote when their ballots were not counted. The lawsuit follows an investigation by the OLMS Los Angeles District Office.
On February 7, 2022, in the United States District Court for the Eastern District of Virginia, the Department filed suit against International Longshoremen’s Association (ILA) Local 1970 (located in Norfolk, Va.) seeking to nullify the union’s December 2020 officer election. The lawsuit seeks an order requiring Local 1970 to conduct a new election with new nominations under the Secretary’s supervision. The complaint alleges that Local 1970 violated Title IV of the LMRDA when it denied a member the right to be a candidate when, without notice to the members, it applied a candidate eligibility requirement in its bylaws that had not been enforced in previous elections. The lawsuit follows an investigation by the OLMS Washington District Office.
On January 26, 2022, the United States Department of Labor’s Office of Administrative Law Judges granted OLMS’ unopposed motion for summary judgment against American Federation of Government Employees (AFGE) Local 96 (located in St. Louis, Mo.) under the Civil Service Reform Act of 1978 (CSRA), Title IV of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), and the Standards of Conduct of the Code of Federal Regulations. The lawsuit sought to nullify the local’s June 18, 2020 election of officers. The Office of Administrative Law Judges ruled that the local failed to elect the winning candidate by a majority of votes cast, as required by the AFGE Constitution. During the election, Local 96 failed to hold a runoff between the two remaining candidates after a third candidate was declared ineligible and no candidate received a majority of the votes cast. The Office of Administrative Law Judges also ruled that the remedial election, which was conducted under the supervision of OLMS pursuant to a voluntary compliance agreement with Local 96, was tainted by a violation of the LMRDA. In the remedial election, OLMS found that one candidate’s campaign materials were created with funds from a local employer, in violation of 29 U.S.C. 401(g). The court ordered a new election for the office of president be completed under the supervision of the OLMS, no later than 120 days from the date of the order. The lawsuit follows an investigation by the OLMS Denver-St. Louis District Office.
Last Updated: 11-17-22