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 April 19, 2013, 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 March 21, 2013, by APWU Local 229 in Aurora, Colorado.
Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that APWU LU 229 applied a meeting attendance requirement (at least three (3) of nine (9) union meetings prior to nominations) that disqualified more than 97 percent of the union’s membership. Additionally, the union was inconsistent in applying the meeting attendance rule.
Apprised of these findings, APWU Local 229 agreed to conduct new nominations and a new election for the offices of clerk craft director, director of maintenance, maintenance trustee, and motor vehicle trustee under the supervision of the Secretary of Labor, in accordance with Title IV of the LMRDA. The agreed upon remedial election was concluded on November 21, 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 APWU Local 229 on March 21, 2013, 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 November 21, 2013.
Therefore, civil action under Section 402(b) of the LMRDA to set aside the election conducted on March 21, 2013 is not warranted.
Signed this 4th day of March 2014.
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
March 5, 2014
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
March 5, 2014
Mr. John Ancona, President
APWU Local 229
15677 E. 17th Avenue
Aurora, Colorado 80011-4603
Dear Mr. Ancona:
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
March 5, 2014
American Postal Workers Union AFL-CIO
1300 L Street, NW Moe Biller Building
Washington, DC 20005
Dear Mr. Guffey:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Patricia Fox
Chief, Division of Enforcement
Enclosure