U.S. DEPARTMENT OF LABOR
OFFICE OF LABOR-MANAGEMENT STANDARDS
WASHINGTON, DC 20210
DETERMINATION
Determination of a Complaint Filed under Title IV
of the Labor-Management Reporting and Disclosure Act of 1959
On March 8, 2011, the Secretary of Labor received a complaint 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 December 14, 2010, by International Association of Machinists Local Lodge 49 in Crete, Illinois.
Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that union resources, including a district lodge computer and photocopier, were used to campaign.
Apprised of these findings, the International Association of Machinists agreed to 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 remedial election was concluded on August 9, 2011. 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 International Association of Machinists Local Lodge 49 on December 14, 2010, 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 August 9, 2011.
Therefore, civil action under Section 402(b) of the LMRDA to set aside the election conducted on December 14, 2010 is not warranted.
Signed this 7th day of September, 2011.
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
September 7, 2011
////////////
//////////////////
////////////////////
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
September 7, 2011
Mr. Thomas Eskew, President
IAMAW Local Lodge 49
3499 Innsbruck Lane
Crete, Illinois 60417
Dear Mr. Eskew:
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
September 7, 2011
Mr. R. Thomas Buffenbarger, International President
International Association of Machinists
9000 Machinists Place
Upper Marlboro, Maryland 20772
Dear Mr. Buffenbarger:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Patricia Fox
Chief, Division of Enforcement
Enclosure