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 March 18 and April 9, 2015, 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 2, 2014, by IATSE Local 835 in Orlando, Florida.
Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that the union allowed all members to vote for the Freight and Exhibition Executive Board members when the Constitution and Bylaw require that those offices be voted on only by members of those respective departments.
Apprised of these findings, International Alliance of Theatrical Stage Employees Local 835 (IATSE) Local 835 agreed to conduct a new election for those 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 October 6, 2015. 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 IATSE Local 835 on December 2, 2014, 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 October 6, 2015.
Therefore, civil action under Section 402(b) of the LMRDA to set aside the election conducted on December 2, 2014 is not warranted.
Signed this 19th day of November, 2015.
Sharon 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
November 23, 2015
Dear :
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
November 23, 2015
Mr. Herman Dagner, President
IATSE Local 835
7131 Grand National Drive, Ste. 102
Orlando, FL 32819
Dear Mr. Dagner:
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
November 23, 2015
Mr. Matthew D. Loeb, President
International Alliance of Theatrical Stage Employees
207 W. 25th St., 4th Fl.
New York, NY 10001
Dear Mr. Loeb:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Sharon E. Hanley
Chief, Division of Enforcement
Enclosure