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 September 4, 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 election of officers conducted on May 30, 2012, by IATSE Local 884 in Los Angeles, California.
Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that Local 884 did not consistently apply an election rule related to postmarks on returned ballots. The union also failed to ensure adequate election safeguards in that: the Election Chair mailed ballots without observers or other election committee members present, voted ballots were kept in the Chair’s home in an unsecured shoebox, and the Chair recounted the ballots and changed the winning margins for the Sergeant-at-Arms race without observers or other committee members present.
Apprised of these findings, IATSE Local 884 agreed to conduct 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 April 6, 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 election conducted by IATSE Local 884 on May 30, 2012, 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 April 6, 2013.
Therefore, civil action under Section 402(b) of the LMRDA to set aside the election conducted on May 30, 2012 is not warranted.
Signed this 8th day of May, 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
May 8, 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
May 8, 2013
Ms. Arlene Singer-Gross, President
IATSE Local 884
P.O. Box 46167
Los Angeles, California 90046
Dear Ms. Singer-Gross:
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
May 8, 2013
Mr. Matthew D. Loeb, International President
IATSE
1430 Broadway, 20th Floor
New York, NY 10018
Dear Mr. Loeb:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Patricia Fox
Chief, Division of Enforcement
Enclosure