U.S. DEPARTMENT OF LABOR
OFFICE OF LABOR-MANAGEMENT STANDARDS
WASHINGTON, DC 20210
DETERMINATION
Determination of Complaints Filed under Section 458.63 of the Assistant Secretary’s
Standards of Conduct Regulations (29 CFR 458.63) Issued pursuant to
Section 7120(d) of the Civil Service Reform Act of 1978 (5 U.S.C. 7120(d))
On March 27, 2015 & April 20, 2015, the Secretary of Labor received
complaints alleging violations of Section 458.29 of the Rules and Regulations of the Assistant Secretary issued pursuant to Section 7120(d) of the Civil Service Reform Act of 1978 (CSRA), in the regularly scheduled election of officers conducted on November 18, 2014, by AFGE Local 1345 in Fort Carson, CO.
Pursuant to Section 458.50 of the Rules and Regulations, the Chief of the Division of Enforcement of the Office of Labor Management Standards (OLMS) caused an investigation to be conducted by the Department of Labor. The investigation disclosed that the conduct of the challenged election may have violated Section 458.29 of the Rules and Regulations in that AFGE Local 1345 failed to ensure ballot secrecy by placing a unique number on the back of each ballot prior to its mailing; and failing to maintain required election records. Specifically, the union failed to maintain the following: 1) the eligibility list used during nominations; 2) the list of member names and addresses used to mail and/or mark ballots; 3) the eligibility list used during the tally of ballots; and 4) the record of replacement ballot requests.
Apprised of these findings, AFGE Local 1345 agreed to conduct new nominations and a new election of officers under the supervision of the Chief of the Division of Enforcement, in accordance with Section 458.29 of the Rules and Regulations of the Assistant Secretary. The agreed upon remedial election was concluded on November 9, 2015. It is, therefore,
DETERMINED, that there is probable cause to believe that violations of Section 458.29 of the Rules and Regulations occurred which may have affected the outcome of the election conducted by AFGE Local 1345 on November 18, 2014, but that these violations have been remedied by the new election, conducted in accordance with Section 458.29, under the supervision of the Chief, Division of Enforcement, OLMS, on November 9, 2015.
Therefore, enforcement proceedings under Section 458.66 of the Rules and Regulations of the Assistant Secretary to set aside the election conducted on November 18, 2014 are not warranted.
Signed this 16th day of December 2015.
Sharon E. Hanley
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
December 17, 2015
Dear :
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Sharon Hanley
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
December 17, 2015
Mr. Albert Rivera, President
AFGE Local 1345
P.O. Box 13129, Bldg. 1011, 3rd Floor
Fort Carson, CO 80913-0123
Dear Mr. Rivera:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Sharon E. Hanley
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
December 17, 2015
Mr. J. David Cox, National President
AFGE
80 F Street, NW
Washington, DC 20001
Dear Mr. Cox:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Sharon E. Hanley
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
December 17, 2015
Dear :
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Sharon Hanley
Chief, Division of Enforcement
Enclosure