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 September 25, 2014, 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 April 28, 2014, by the Philadelphia Security Officers Union in Philadelphia, Pennsylvania.
Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that the Philadelphia Security Officers Union failed to give timely notice of nominations to all members. The nominations notice failed to list the union officer positions to be elected and provided an incorrect time for the nominations meeting. The Philadelphia Security Officers Union did not mail election notices to each member’s last known home address and failed to elect by secret ballot when it instructed voters to print their names and other identifying marks on their voted ballots.
Apprised of these findings, Philadelphia Security Officers Union agreed to conduct new nominations and a new election of 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 March 26, 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 Philadelphia Security Officers Union on April 28, 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 March 26, 2015.
Therefore, civil action under Section 402(b) of the LMRDA to set aside the election conducted on April 28, 2014 is not warranted.
Signed this 5th day of May, 2015.
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 5, 2015
Mr. James F. Runckel, Attorney Law Offices of Spear Wilderman
230 South Broad Street, Suite 1400
Philadelphia, Pennsylvania 19102
Dear Mr. Runckel:
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
May 5, 2015
Mr. Terrell J. Rivers, President
Philadelphia Security Officers Union
10871 Bustleton Avenue
Philadelphia, Pennsylvania 19116
Dear Mr. Rivers:
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
May 5, 2015
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
May 5, 2015
Dear
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Patricia Fox
Chief, Division of Enforcement
Enclosure