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 April 12 and 16, 2013, 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 in February 2013, by the International Association of Machinists in Upper Marlboro, Maryland.
Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that the union failed to provide notice of nomination to the membership regarding the nomination of international officers, local lodges did not provide notice of the lodge nomination meetings to all or a portion of the members, and members were denied a reasonable opportunity to nominate candidates in that some members were working during the nomination meeting and/or the endorsement vote and no alternative method of nomination was provided.
Apprised of these findings, International Association of Machinists agreed to conduct new nominations and a new election for the offices of International President, General Secretary-Treasurer, and eight (U.S.) General Vice Presidents under the supervision of the Secretary of Labor, in accordance with Title IV of the LMRDA. The agreed upon remedial election was concluded on May 21, 2014. 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 in February 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 May 21, 2014.
Therefore, civil action under Section 402(b) of the LMRDA to set aside the election conducted on February 2013 is not warranted.
Signed this 31st day of July, 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
July 31, 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
July 31, 2014
Mr. Thomas Buffenbarger, International President
International Association of Machinists
9000 Machinists Place
Upper Marlboro, Maryland 20772-2687
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
U.S. Department of Labor
Office of Labor-Management Standards
Division of Enforcement
Washington, DC 20210
(202) 693-0143 Fax: (202) 693-1343
July 31, 2014
Mr. Mark Schneider, General Counsel
International Association of Machinists
9000 Machinists Place
Upper Marlboro, Maryland 20772-2687
Dear Mr. Schneider:
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
July 31, 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
September 2, 2014
Dear :
The enclosed Determination represents the Department's final disposition of the matter mentioned therein. A copy of the Determination was not sent to you at the time it was mailed to the other parties to the matter. I apologize for the error.
Sincerely,
Patricia Fox
Chief, Division of Enforcement
Enclosure
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