U.S. DEPARTMENT OF LABOR
OFFICE OF LABOR-MANAGEMENT STANDARDS
WASHINGTON, DC 20210
DETERMINATION
Determination of Complaints Filed under Title IV
of the Labor-Management Reporting and Disclosure Act of 1959
On March 9, 2009 and March 11, 2009, the Secretary of Labor received complaints alleging violations of Section 401 of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), in the regularly scheduled election of officers conducted on October 26, 2008, by Service Employees Local 1984 in Concord, New Hampshire.
Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that the union acted in a discriminatory manner with respect to access to delegate contact information.
Apprised of these findings, Service Employees Local 1984 agreed to conduct a new election for the offices of president and 2nd vice president under the supervision of the Secretary of Labor, in accordance with Title IV of the LMRDA. The agreed upon remedial election was concluded on October 24, 2009. It is, therefore,
DETERMINED, that there is probable cause to believe that violations of Title IV of the LMRDA occurred which may have affected the outcome of the election conducted by Service Employees Local 1984 on October 26, 2008, but that these violations have been remedied by the new election, conducted in accordance with Title IV of the LMRDA, under the supervision of the Secretary of Labor, on October 24, 2009.
Therefore, civil action under Section 402(b) of the LMRDA to set aside the election conducted on October 26, 2008 is not warranted.
Signed this 19th day of November, 2009.
Patricia Fox
Acting Chief, Division of Enforcement
U.S. Department of Labor
Employment Standards Administration
Office of Labor-Management Standards
Washington, DC 20210
November 19, 2009
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Dear ||||||||||||||:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Patricia Fox
Acting Chief, Division of Enforcement
Enclosure
U.S. Department of Labor
Employment Standards Administration
Office of Labor-Management Standards
Washington, DC 20210
November 19, 2009
Mr. Gary E. Smith, President
Service Employees Local 1984
105 North State Street
Concord, NH 03301
Dear Mr. Smith:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Patricia Fox
Acting Chief, Division of Enforcement
Enclosure
U.S. Department of Labor
Employment Standards Administration
Office of Labor-Management Standards
Washington, DC 20210
November 19, 2009
Mr. Andrew Stern, International President
Service Employees International Union
1313 L Street, N.W.
Washington, D.C. 20005
Dear Mr. Stern:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Patricia Fox
Acting Chief, Division of Enforcement
Enclosure
U.S. Department of Labor
Employment Standards Administration
Office of Labor-Management Standards
Washington, DC 20210
November 19, 2009
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Dear ||||||||||||||:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Patricia Fox
Acting Chief, Division of Enforcement
Enclosure