U.S. Department of Labor Office of Labor-Management Standards
Division of Enforcement
Washington, DC 20210
(202) 693-0143 Fax: (202) 693-1343
March 24, 2015
Dear-:
This Statement of Reasons is in response to your August 4, 2014 complaint filed with the U.S.
Department of Labor alleging that the American Postal Workers Union (APWU) Local 375 violated Title
IV of the Labor-Management Repo1ting and Disclosure Act (LMRDA), in connection with the election of
officers conducted on May 16, 2014.
The Depaitment conducted an investigation of your allegation. As a result of the investigation, the
Depaitment has concluded, with respect to your allegation, that there was no violation of the
LMRDA.
You alleged that the Members Team, which won six of the eleven contested positions, including
president, violated postal management rnles -the "Do's and Don 'ts for Postal Supervisors"- which
the Local Election Committee Chair distributed on Mai·ch 26, 2014 at a candidates' meeting.
Specifically, you alleged that the Members Team gained an advantage by placing campaign posters and
materials in prohibited ai·eas, including on union bulletin boai·ds, time clocks, walls in the
maintenance room, and multiple locations on the work room floor.
Section 401(c) of the LMRDA prohibits disparate treatment of candidates for union office, and it
also requires that unions provide adequate safeguards to insure a fair election. Section 401(g) of
the LMRDA bars the use of employer resources to promote a candidate. The Depa1tment's regulations
explain that, if candidates distribute materials on employer prope1ty for one candidate, then all
other candidates must be afforded an equal oppo1tunity. 5 CFR § 452.67.
The Depaitment's investigation concluded that managers at both the Processing and Distribution
Center (P&DC) and Logistics and Distribution Center (L&DC) removed all campaign material that was
improperly posted, without regard to which slate the material promoted. Fmther, all of the
candidates were pennitted to send campaign mailings, campaign outside the employee entrances, and
post campaign literature in designated ai·eas of break rooms. All candidates received the same
treatment. Therefore, there was no violation of the LMRDA.
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For the reasons set forth above, it is concluded that no violation of the LMRDA occurred.
Accordingly, the office has closed the file on this matter.
Sincerely,
Patricia Fox
Chief, Division of Enforcement
cc: Mr. Rick Parish, President Postal Workers, Local 375 3521 Mulberry Church Road Charlotte, NC
28208
Mr. Mark Dimondstein American Postal Workers Union 1300 L Street, NW
Washington, DC 20005
Christopher Wilkinson,
Associate Solicitor for Civil Rights and Labor-Management