U.S. DEPARTMENT OF LABOR
OFFICE OF LABOR-MANAGEMENT STANDARDS
WASHINGTON, DC 20210
DETERMINATION
Determination of a Complaint 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 May 5, 2014, the Secretary of Labor received a complaint 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), by AFGE Local 2544 in Tucson, Arizona.
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 union’s failure to hold an election may have violated Section 458.29 of the Rules and Regulations.
Apprised of these findings, AFGE Local 2544 agreed to conduct nominations and an 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 December 18, 2014. 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 2544 on NA, 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 December 18, 2014.
Therefore, enforcement proceedings under Section 458.66 of the Rules and Regulations of the Assistant Secretary to set aside the election conducted on NA are not warranted.
Signed this 9th day of June 2016.
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
June 9, 2016
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
June 9, 2016
Mr. Arturo Del Cueto, President
AFGE Local 2544
2185 W. Magee Road, Suite 125
Tucson, AZ 85742
Dear Mr. Del Cueto:
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
June 9, 2016
J. David Cox, Sr., National President American Federation of Government Employees, AFL-CIO
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 Hanley
Chief, Division of Enforcement
Enclosure