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 May 31, 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 on December 22, 2012, by United Security & Police Officers of America Local 208 in Bethesda, Maryland.
Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that the conduct of the election may have violated Title IV of the LMRDA because the union failed to provide adequate safeguards to ensure a fair election, permitted ineligible members to vote, and failed to properly maintain election records.
Apprised of these findings, United Security & Police Officers of America agreed to conduct new nominations and a new election of Local 208 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 30, 2014, and all officers elected have been installed. 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 United Security & Police Officers of America Local 208 on December 22, 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 30, 2014.
Therefore, civil action under Section 402(b) of the LMRDA to set aside the election conducted on December 22, 2012 is not warranted.
Signed this 7th 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 7, 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 7, 2014
Ms. Eden Brown Gaines, Esq.
United Security & Police Officers of America Local 208
10665 Stanhaven Place, Suite 203
White Plains, Maryland 20695
Dear Ms. Gaines:
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 7, 2014
Mr. Assane Faye, Executive Director
United Security & Police Officers of America
1101 Pennsylvania Avenue, N.W. Suite 600
Washington, DC 20004
Dear Mr. Faye:
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 7, 2014
Dear :
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Patricia Fox
Chief, Division of Enforcement
Enclosure