U.S. DEPARTMENT OF LABOR
OFFICE OF LABOR-MANAGEMENT STANDARDS
WASHINGTON, DC 20210
DETERMINATION
Determination of a Complaint Filed under Section 458.63 of the Assistant Secretary’s
Standards of Conduct Regulations (29 CFR 458.63) Issued pursuant to
Section 7120(d) of the Civil Service Reform Act of 1978 (5 U.S.C. 7120(d))
On October 21, 2009, the Secretary of Labor received a complaint alleging violations of Section 458.29 of the Rules and Regulations of the Assistant Secretary issued pursuant to Section 7120(d) of the Civil Service Reform Act of 1978 (CSRA), in the regularly scheduled election of officers conducted in July 2009, by American Federation of Government Employees Local 3504 in Chicago, Illinois.
Pursuant to Section 458.50 of the Rules and Regulations, the Chief of the Division of Enforcement of the Office of Labor Management Standards (OLMS) caused an investigation to be conducted by the Department of Labor. The investigation disclosed that the conduct of the challenged election Local 3504 failed to provide adequate safeguards to insure a fair election when the election committee did not place identification numbers on ballot return envelopes despite the fact that the ballot instructions indicated that identification numbers would appear on such envelopes. This resulted in ballots being returned and counted without proper identification.
Apprised of these findings, the American Federation of Government Employees agreed to conduct a new election for the offices of president, treasurer, and delegate under the supervision of the Chief of the Division of Enforcement, in accordance with Section 458.29 of the Rules and Regulations of the Assistant Secretary. The agreed upon remedial election was concluded on June 25, 2010. It is, therefore,
DETERMINED, that there is probable cause to believe that violations of Section 458.29 of the Rules and Regulations occurred which may have affected the outcome of the election conducted by American Federation of Government Employees Local 3504 in July 2009, but that these violations have been remedied by the new election, conducted in accordance with Section 458.29, under the supervision of the Chief, Division of Enforcement, OLMS, on June 25, 2010.
Therefore, enforcement proceedings under Section 458.66 of the Rules and Regulations of the Assistant Secretary to set aside the election conducted in July 2009 are not warranted.
Signed this 21st day of July, 2010.
Patricia Fox
Chief, Division of Enforcement
U.S. Department of Labor
Office of Labor-Management Standards
Division of Enforcement
Washington, DC 20210
(202) 693-0143 Fax: (202) 693-1343
July 21, 2010
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Dear ||||||||||:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Patricia Fox
Chief, Division of Enforcement
Enclosure
U.S. Department of Labor
Office of Labor-Management Standards
Division of Enforcement
Washington, DC 20210
(202) 693-0143 Fax: (202) 693-1343
July 21, 2010
Ms. Stephanie Perkins, President
American Federation of Government Employees Local 3504
500 West Madison Street, Suite 2800
Chicago, Illinois 60661
Dear Ms. Perkins:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Patricia Fox
Chief, Division of Enforcement
Enclosure
U.S. Department of Labor
Office of Labor-Management Standards
Division of Enforcement
Washington, DC 20210
(202) 693-0143 Fax: (202) 693-1343
July 21, 2010
Mr. John Gage, National President
American Federation of Government Employees, AFL-CIO
80 F Street, N.W.
Washington, D.C. 20001
Dear Mr. Gage:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Patricia Fox
Chief, Division of Enforcement
Enclosure