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 July 6, August 14, August 19, and September 3, 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 May 5, 2009, by American Postal Workers Union Local 497 in Springfield, Massachusetts.
Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that the union failed to apply candidate eligibility requirements uniformly when it permitted an ineligible candidate to run for president. The investigation also disclosed that the union denied eligible members their right to vote when it did not count their ballots even though their returned ballot envelopes contained sufficient identifying information to verify voter eligibility.
Apprised of these findings, American Postal Workers Union Local 497 agreed to open and count the challenged ballots that were cast by eligible members and conduct a new election for president under the supervision of the Secretary of Labor, in accordance with Title IV of the LMRDA. The agreed upon tally of challenged ballots concluded on November 30, 2009. The agreed upon remedial election concluded on January 22, 2010. 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 American Postal Workers Union Local 497 on May 5, 2009, but that these violations have been remedied by the November 30, 2009 tally of challenged ballots determined to be cast by eligible members, and the new election for president, conducted in accordance with Title IV of the LMRDA, under the supervision of the Secretary of Labor, on January 22, 2010.
Therefore, civil action under Section 402(b) of the LMRDA to set aside the election conducted on May 5, 2009 is not warranted.
Signed this 4th day of March, 2010.
Cynthia M. Downing
Chief, Division of Enforcement
U.S. Department of Labor
Office of Labor-Management Standards
Division of Enforcement
Washington, DC 20210
March 4, 2010
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Dear ||||||||||||||||||||||||||||||||||:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Cynthia M. Downing
Chief, Division of Enforcement
Enclosure
U.S. Department of Labor
Office of Labor-Management Standards
Division of Enforcement
Washington, DC 20210
March 4, 2010
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Dear ||||||||||||||||||||||||||||||||||:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Cynthia M. Downing
Chief, Division of Enforcement
Enclosure