OLMS Online FOIA Reading Room

U.S. DEPARTMENT OF LABOR
OFFICE OF LABOR-MANAGEMENT STANDARDS
WASHINGTON, DC 20210

DETERMINATION

Determination of Complaints 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)) and Section
4117 of the Foreign Service Act of 1980 (22 U.S.C. 4117)

On May 6, 2009, July 14, 2009 and August 22, 2009 the Secretary of Labor received three
separate complaints alleging violations of Section 458.29 of the Assistant Secretary’s
Standards of Conduct Regulations issued pursuant to Section 7120(d) of the Civil
Service Reform Act of 1978 (CSRA), in the regularly scheduled election of officers
conducted on June 12, 2009, by American Foreign Service Association (“AFSA”) in
Washington, DC.

Pursuant to Section 458.50 of the Standards of Conduct 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 may have violated Section 458.29
of the Standards of Conduct Regulations in that candidates and their supporters used
union email address lists and employer email addresses to campaign to AFSA
members.

Apprised of these findings, American Foreign Service Association agreed to conduct
new nominations and a new election of officers under the supervision of the Chief of
the Division of Enforcement, in accordance with Section 458.29 of the Standards of
Conduct Regulations. The agreed upon remedial election was concluded on June 2,
2011. It is, therefore,

DETERMINED, that there is probable cause to believe that violations of Section 458.29
of the Assistant Secretary’s Standards of Conduct Regulations occurred which may
have affected the outcome of the election conducted by American Foreign Service
Association on June 12, 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 2, 2011.

Therefore, enforcement proceedings under Section 458.66 of the Standards of Conduct
Regulations of the Assistant Secretary to set aside the election conducted on June 12,
2009 are not warranted.

Signed this 8th day of July, 2011.