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 20, 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 November 3, 2008, by Communications Workers Local 13301 in Ridley Park, Pennsylvania.
Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that Local 13301: failed to mail a notice of election to each member at his or her last known home address; allowed ineligible members to vote; failed to provide a reasonable opportunity to vote when it neglected to enroll bargaining unit employees as members; and failed to preserve its election records for one year.
Apprised of these findings, CWA Local 13301 agreed to conduct new nominations and a new election of officers under the supervision of the Secretary of Labor, in accordance with Title IV of the LMRDA. The agreed upon remedial election was concluded on May 4, 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 Communications Workers Local 13301 on November 3, 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 May 4, 2010.
Therefore, civil action under Section 402(b) of the LMRDA to set aside the election conducted on November 3, 2008 is not warranted.
Signed this 24th day of May, 2010.
Cynthia M. Downing
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
May 25, 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
(202) 693-0143 Fax: (202) 693-1343
May 25, 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
(202) 693-0143 Fax: (202) 693-1343
May 25, 2010
Larry Cohen, President
Communication Workers of America
501 3rd Street NW,
Washington, DC 20001
Dear Mr. Cohen:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Cynthia M. Downing
Chief, Division of Enforcement
Enclosure