OLMS Online FOIA Reading Room

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 December 21, 2010, December 30, 2010, and January 4, 2011, 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 September 14, 2010, by Postal Mail Handlers Local 314.
Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that Local 314 failed to provide adequate safeguards to ensure a fair election and denied members the opportunity to vote, and that employer funds were used to promote the candidacy of a candidate.
Apprised of these findings, Postal Mail Handlers Local 314 agreed to conduct a new election for Vice President, Treasurer, Missouri State Representative, and Metro Annex Branch 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 September 13, 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 Postal Mail Handlers Local 314 on September 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 September 13, 2011.
Therefore, civil action under Section 402(b) of the LMRDA to set aside the election conducted on September 14, 2010 is not warranted.
Signed this 9th day of November, 2011.
Patricia Fox Chief, Division of Enforcement