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 April 14, 2015, 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), in the regularly scheduled election of officers conducted on February 3, 2015, by American Federation of Government Employees Local 446 in Asheville, North Carolina.
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 the union failed to inform three candidates of their nominations.
Apprised of these findings, the American Federation of Government Employees agreed to conduct new nominations and a new election of officers for the offices of secretary-treasurer, chief steward of nursing, and vice president of nursing 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 14, 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 American Federation of Government Employees Local 446 on February 3, 2015, 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 14, 2015.
Therefore, enforcement proceedings under Section 458.66 of the Rules and Regulations of the Assistant Secretary to set aside the election conducted on February 3, 2015 are not warranted.
Signed this 20th day of January 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
January 20, 2016
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
January 20, 2016
Mr. Phillip Player, President
American Federation of Government Employees Local 446
P.O. Box 19527
Asheville, NC 28815
Dear Mr. Player:
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
January 20, 2016
Mr. J. David Cox, National President
American Federation of Government Employees
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