On September 8, 2023, in the United Stated District Court for the Northern District of Georgia, Atlanta Division, the Department filed suit against Amalgamated Transit Union (ATU) Local 1700 (located in Norcross, Ga.). The suit seeks to nullify the union’s December 2022 officer election and order Local 1700 to conduct a new election with new nominations under the Secretary’s supervision as provided by the LMRDA. The complaint alleges that Local 1700 violated Title IV of the LMRDA when it failed to mail ballots, which served as the election notice, to at least 60 individuals who became members in good standing prior to the ballot mailing. As a result, these members were also denied the right to vote. The lawsuit follows an investigation by the OLMS Atlanta-Nashville District Office.
On August 17, 2023, the United States Department of Labor’s Administrative Review Board (ARB) denied a motion filed by the Patent Office Professional Association (POPA), located in Alexandria, Va., to dismiss the action filed by the Department. The Department’s August 2021 lawsuit filed against POPA sought to nullify the union’s November 2020 election for the office of president. The complaint alleged 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), which is made applicable to federal sector unions by the Civil Service Reform Act of 1978 (CSRA). In September 2022, the Department of Labor’s Office of Administrative Law Judges granted the Department’s motion for summary decision and ordered a supervised election be completed in 120 days. Upon appeal, the ARB issued a decision affirming the OALJ's recommended decision and order for a new supervised election to be held by March 2023. POPA’s motion for a stay was denied. In June 2023, the Federal Labor Relations Authority (FLRA) granted the Department’s petition to enforce the ARB decision ordering a new election under the supervision of the Secretary, but remanded to the ARB to rule on the election’s timing. Upon remand, POPA filed a motion to dismiss the action, alleging that the union had agreed to rerun the election in the context of its next regularly scheduled election, and that further decisions were moot. The ARB disagreed and ordered the election for the POPA office of president to be held by January 31, 2024, under OLMS supervision. The lawsuit follows an investigation by the OLMS Washington District Office.
On July 31, 2023, in the United States District Court for the Northern District of Illinois, the Department filed suit against the Committee for Fair and Equal Representation (CFER), located in South Holland, Ill. The lawsuit seeks to nullify the union’s January 7, 2023 election for the offices of president, vice president, and recording secretary. The complaint alleges that CFER failed to take any action to correct known bad addresses for ballots that had been returned as undeliverable, which resulted in members being denied the right to vote. In addition, the complaint alleges that CFER failed to provide adequate voting instructions to members who requested duplicate ballots. The lawsuit follows an investigation by the OLMS Chicago District Office.
On July 17, 2023, in the United States District Court for the Middle District of Florida, the Department filed suit against the International Longshoremen’s Association (ILA) Local 1408 (located in Jacksonville, Fla.) concerning its December 2022 officer election. The OLMS investigation determined that Local 1408 improperly applied candidate qualifications when it (1) made incorrect determinations about whether two nominees were barred from holding union office under Section 504 of the LMRDA, when it (2) disqualified another nominee for non-payment of container royalty fees without having properly notified that nominee that he owed royalty fees, and when it (3) applied a qualification prohibiting supervisors from running for office without informing members in advance that frequent temporary supervisor assignments would disqualify them, all in violation of LMRDA Section 401(e). The suit follows an investigation by the OLMS Atlanta- Nashville District Office.
In a June 14, 2023 decision, the Federal Labor Relations Authority (FLRA) granted, in part, the Department of Labor’s petition to enforce the November 16, 2022 decision and order issued by the Department’s Administrative Review Board (ARB). The ARB’s decision directed the Patent Office Professional Association (POPA) to conduct a new election for the office of president under the supervision of OLMS. The FLRA held that the ARB’s finding that POPA violated Section 401(c) and that the violation may have affected the outcome of the November 13, 2020 election was neither arbitrary and capricious nor in manifest disregard of the law. As the March 16, 2023 deadline for a new supervised election has already passed, and POPA’s next regularly scheduled election will take place in November 2023, the FLRA remanded the case to the ARB for a decision as to the timing of a new supervised election for the office of president. The ARB’s November 16, 2022 decision followed a recommended decision issued by the Department’s Office of Administrative Law Judges (OALJ) on September 28, 2022. The Department’s August 9, 2021 lawsuit sought to nullify the union’s November 13, 2020 election for the office of president. The lawsuit followed an investigation by the OLMS Washington District Office.
On June 6, 2023, in the United States District Court for the Southern District of Florida, the Court denied the Department’s motion for summary judgment and granted the motion for summary judgment filed by Transport Workers Union (TWU) Local 568 (located in Miami, Fla.). On May 27, 2022, the Department filed suit against TWU Local 568 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. OLMS is reviewing the decision with counsel and weighing appeal options. The court decision follows an investigation by the OLMS Atlanta-Nashville District Office.
On March 30, 2023, in the United States District Court for the District of New Jersey, the Department filed suit against Port Police and Security Guards Union (PPGU) Local 1456 (located in Bayonne, N.J.) concerning its November 1, 2022, officer election. The OLMS investigation determined that Local 1456 enforced a meeting attendance requirement that disqualified 98 percent of the membership from being eligible to run for union office, in violation of Section 401(e). The lawsuit follows an investigation by the OLMS New York District Office.
On March 27, 2023, in the United States District Court for the District of Maryland, the Department filed suit against Protective Service Officers United (PSOU), located in Fort Washington, Md., concerning its September 30, 2022, election of officers. The OLMS investigation determined that PSOU failed to mail its members a notice of new voting times at all locations, and new voting procedures and location at one worksite, in violation of Section 401(e) of the LMRDA. The union also failed to provide adequate safeguards to ensure a fair election when it permitted two members to walk the ballot box around a worksite during the first and second shifts, in violation of Section 401(c) of the LMRDA. The lawsuit follows an investigation by the OLMS Washington District Office.
Last Updated: 9-27-23