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 November 19, 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 that concluded on July 15, 2014, by District Lodge 141 of the International Association of Machinists in Elk Grove Village, Illinois .
Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that the conduct of the challenged election may have violated Title IV of the LMRDA because the union did not comply with a candidate’s reasonable request to distribute campaign literature by mail or otherwise at the candidate’s expense; the union failed to provide proper notice of the election; and union resources, including a union email account and union email list, were used to distribute campaign literature.
Apprised of these findings, District Lodge 141 of the International Association of Machinists 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 July 16, 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 District Lodge 141 of the International Association of Machinists on July 15, 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, and completed on July 16, 2015.
Therefore, civil action under Section 402(b) of the LMRDA to set aside the election conducted on July 15, 2014 is not warranted.
Signed this 11th 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 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. Mike Klemm, President
District Lodge 141 of the International Association of Machinists
Dear Mr. Klemm:
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
International Association of Machinists
9000 Machinists Place
Upper Marlboro, Maryland 20772-2867
Dear Mr. Buffenbarger:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Sharon E. Hanley
Chief, Division of Enforcement
Enclosure