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 14, 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 June 29, 2013, by Kaiser Permanente Nurse Anesthetists Association in Westminster, California.
Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that the union’s email system was used to send a letter that contained the union logo from an officer to all members in support of a candidate and that the Web-based system used to conduct the election lacked secrecy.
Apprised of these findings, Kaiser Permanente Nurse Anesthetists Association agreed to conduct new nominations, if necessary, a new election, and installation for the offices of President-Elect and Secretary 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 29, 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 Kaiser Permanente Nurse Anesthetists Association on June 29, 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 April 29, 2014.
Therefore, civil action under Section 402(b) of the LMRDA to set aside the election conducted on June 29, 2013 is not warranted.
Signed this 18th day of June, 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
June 18, 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
June 18, 2014
Mr. Joshua Carr, President
Kaiser Permanente Nurse Anesthetists Association
KPNAA P.O. Box 370
Westminster, California 92684
Dear Mr. Carr:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Patricia Fox
Chief, Division of Enforcement
Enclosure