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 October 21, 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 Mailhandlers Local 313 in San Juan, Puerto Rico.
Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that Local 313 eliminated the position of State Executive Board member in violation of the union’s constitution.
Apprised of these findings, Mailhandlers Local 313 agreed to conduct new nominations and a new election for the office of State Executive Board Member 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 5, 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 Mailhandlers Local 313 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 5, 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 15th day of May, 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
May 15, 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
August 4, 2014
Mr. Julio Figueroa, President
Mailhandlers Local 313
P.O. Box 3666086
San Juan, PR 00936
Dear Mr. Figueroa:
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
August 4, 2014
Mr. John F. Hegarty, National President
National Postal Mail Handlers Union
1101 Connecticut Avenue, N.W., Suite 500
Washington, D.C. 20036
Dear Mr. Hegarty:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Patricia Fox
Chief, Division of Enforcement
Enclosure