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 March 11, 2015, 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 November 14, 2014, by Communications Workers of America Local 3250 in Norcross, Georgia.
Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that the union may have violated Title IV of the LMRDA when it allowed a candidate who did not satisfy the eligibility requirements to run for the position of vice president (575 Morosgo, 51 PCA).
Apprised of these findings, Communications Workers Local 3250 agreed to conduct new nominations and a new election for vice president (575 Morosgo, 51 PCA) under the supervision of the Secretary of Labor, in accordance with Title IV of the LMRDA. The agreed upon remedial election was concluded on August 28, 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 Communications Workers of America Local 3250 on November 14, 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 August 28, 2015.
Therefore, civil action under Section 402(b) of the LMRDA to set aside the election conducted on November 14, 2014 is not warranted.
Signed this 11th day of January, 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
January 11, 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 11, 2016
Mr. Roy Hegenbart, President
Communications Workers of America Local 3250
350 Mitchell Street
Norcross, Georgia 30071
Dear Mr. Hegenbart:
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 11, 2016
Mr. Chris Shelton, President
Communications Workers of America
501 3rd Street, N.W.
Washington, DC 20001
Dear Mr. Shelton:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Sharon E. Hanley
Chief, Division of Enforcement
Enclosure