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 November 1, 2012, 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 runoff election for two delegate positions conducted on June 20, 2012, by Carpenters Local 315 in Kansas City, Missouri.
Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that Carpenters District Council resources were improperly used to campaign and the union failed to properly count the ballots in the June 20, 2012 runoff election of delegates conducted by Carpenters Local 315.
Apprised of these findings, Carpenters Local 315 agreed to conduct a new runoff delegate election under the supervision of the Secretary of Labor, in accordance with Title IV of the LMRDA. The agreed upon remedial election was concluded on March 16, 2013. 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 delegate runoff election conducted by Carpenters Local 315 on June 20, 2012, but that these violations have been remedied by the new election for two delegate positions, conducted in accordance with Title IV of the LMRDA, under the supervision of the Secretary of Labor, on March 16, 2013.
Therefore, civil action under Section 402(b) of the LMRDA to set aside the runoff election of delegates conducted on June 20, 2012 is not warranted.
Signed this 12th day of April, 2013.
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
April 12, 2013
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
April 12, 2013
Mr. Michael D. Jay, President
Carpenters Local 315
625 W. 39th Street
Kansas City, Missouri 64111
Dear Mr. Jay:
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
April 12, 2013
Mr. Douglas J. McCarron, General President
United Brotherhood of Carpenters
101 Constitution Avenue, NW
Washington, DC 20001
Dear Mr. McCarron:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Patricia Fox
Chief, Division of Enforcement
Enclosure