Below is a list of voluntary compliance agreements entered into in 2020.
On December 18, 2020, OLMS entered into a voluntary compliance agreement with American Federation of Government Employees (AFGE) Local 96 (located in St. Louis, Mo.), concerning the union’s June 18, 2020 election of union officers and July 30, 2020 runoff election. The OLMS investigation found that the union failed to follow its constitution and bylaws in that it failed to hold a runoff election for the offices of president and secretary-treasurer even though no candidate in either race won a majority of valid votes cast. Local 96 agreed to conduct a runoff election for the positions of president and secretary-treasurer under OLMS supervision before April 30, 2021. The agreement follows an investigation by the OLMS Denver-St. Louis District Office.
On November 2, 2020, OLMS entered into a voluntary compliance agreement with International Union of Painters and Allied Trades Local 510 (located in Daly City, Calif.), concerning its failure to hold its regular election of officers scheduled for June 10, 2020. The OLMS investigation determined that more than three years had passed since June 14, 2017, the date of the local labor organization’s last regular election of officers. The union agreed to conduct its election of officers, including nominations, under OLMS supervision by March 31, 2021. The agreement follows an investigation by the OLMS San Francisco-Seattle District Office.
On August 20, 2020, OLMS entered into a voluntary compliance agreement with American Federation of Government Employees (AFGE) Local 2052 (located in Hopewell, Va.), concerning its election of officers that concluded on January 31, 2020. The OLMS investigation determined that the union failed to provide its members a reasonable opportunity to nominate candidates for two member-at-large officer positions. The investigation further determined that the union failed to provide adequate safeguards to ensure a fair election when the election committee counted one ballot that had been hand-delivered to the tally, even though the ballot instructions mandated that members return their ballots through the postal system. The union agreed to conduct a new election for executive vice president and two member-at-large positions under OLMS supervision before February 21, 2021. The agreement follows an investigation by the OLMS Washington District Office.
On August 18, 2020, OLMS entered into a voluntary compliance agreement with American Postal Workers Union (APWU) Local 199 (located in Richmond, Va.), concerning the union’s April 8, 2020 election of union officers. The union agreed to conduct a new election under OLMS supervision for the positions of president, vice president, secretary, treasurer, and assistant treasurer after an investigation concluded that the union improperly disqualified a slate of candidates for several days during the election and failed to properly safeguard and count the ballots cast by its members. The agreement follows an investigation by the OLMS Washington District Office.
On July 20, 2020, OLMS entered into a voluntary compliance agreement with International Association of Machinists and Aerospace Workers (IAMAW) Local Lodge 1781 (located in Burlingame, Calif.), concerning its December 11, 2019, election of officers. The investigation concluded that the union denied members their right to vote and failed to provide adequate safeguards to ensure a fair election. Specifically, the investigation found that the union failed to mail absentee ballots to some eligible members who submitted timely requests, and failed to count challenged ballots cast by eligible members at the polling site. The union agreed to conduct a new election for two member-at-large positions and one trustee position by mail ballot under OLMS supervision. The union agreed to complete the supervised election by November 30, 2020, so long as the election can be completed safely, consistent with applicable public health guidance on the Coronavirus (COVID-19), and in accordance with Title IV of the LMRDA. The agreement follows an investigation by the OLMS San Francisco-Seattle District Office.
On July 14, 2020, OLMS entered into a voluntary compliance agreement with Bakery, Confectionery, Tobacco Workers & Grain Millers (BCTGM) Local 1 (located in Lyons, Ill.), concerning its December 27, 2019 election of officers. The union agreed to conduct a new election and installation for the offices of president and recording secretary on or before December 27, 2020. The investigation disclosed that the union permitted ineligible members the opportunity to vote and denied eligible members the right to vote. Additionally, union funds were used when a membership list was printed and used for campaign purposes. The agreement follows an investigation by the OLMS Chicago District Office.
On June 1, 2020, OLMS entered into a voluntary compliance agreement with American Federation of Government Employees (AFGE) Local 1218 (located in Honolulu, Hawaii), concerning its December 2, 2019 election of officers. The union agreed to conduct new nominations and a new election for the offices of president, vice president, secretary-treasurer, sergeant-at-arms, chief steward, and delegate. The union agreed that every effort will be made to complete the election before December 31, 2020 as long as it can be conducted safely, consistent with applicable public health guidance on the Coronavirus (COVID-19), and in accordance with Title IV. The investigation disclosed that the union failed to provide proper notice of nominations and failed to provide proper notice of election when the combined notice was: posted in a secure area of the building where a portion of the membership was not granted access; not provided to members in a leave status, including active military duty; did not list all officer positions; and was not mailed to the members last known home address. The agreement follows an investigation by the OLMS Los Angeles District Office.
On May 28, 2020, the Department entered into a voluntary compliance agreement with NALC Branch 73 (located in Decatur, Ga.) concerning a union officer election conducted on December 23, 2019. The union agreed to conduct a new election and installation for the office of treasurer. The union agreed that every effort will be made to complete the election before December 31, 2020 as long as it can be conducted safely, consistent with applicable public health guidance on the Coronavirus (COVID-19), and in accordance with Title IV. The investigation concluded that the union failed to treat candidates equally with respect to the distribution of campaign literature when it honored one candidate’s reasonable request to obtain mailing labels at the candidate’s expense and failed to honor another candidate’s reasonable request, in violation of section 401(c). The agreement follows an investigation by the OLMS Atlanta-Nashville District Office.
On April 4, 2020, OLMS entered into a voluntary compliance agreement with American Federation of Government Employees (AFGE) Local 1045 (located in Biloxi, Miss.), concerning the union’s October 2019 election of union officers. The union agreed to conduct new nominations and a new election for all officer positions under OLMS supervision. The investigation concluded that the union failed to provide adequate notice of nominations to its members, denied eligible members the right to vote when they failed to send duplicate ballots to members who requested them, and failed to provide adequate safeguards for the ballots. The agreement follows an investigation by the OLMS Dallas-New Orleans District Office.
On March 31, 2020, OLMS entered into a voluntary compliance agreement with Union of Needletrades, Industrial, and Textile Employees - Hotel Employees and Restaurant Employees Union (UNITE HERE) Local 5 (located in Honolulu, Hawaii), concerning a union officer election conducted on May 16, 2019. The union agreed to conduct new nominations, a new election, and installation for the offices of financial secretary-treasurer, president, senior vice president, three trustees, and nine executive board members (one each from the Hospital Division, the Hotel Division, the Food and Beverage Division, the County of Hawai’i, the County of Kaua’i, and the County of Maui, and three members-at-large). The union agreed that every effort will be made to complete the election before December 31, 2020 as long as it can be conducted safely, consistent with applicable public health guidance on the Coronavirus (COVID-19), and in accordance with Title IV. The investigation concluded that the union failed to adhere to the ballot secrecy requirements in section 401(b) in that the “sequence” number printed on many ballots matched the “sequence” number printed on return envelopes containing members’ names. The investigation further found that union and employer funds were used when union staff and members campaigned on employer property during work hours, in violation of section 401(g). Finally, the investigation found that the union failed to preserve for one year certain ballots and other records pertaining to the election, in violation of section 401(e). The agreement follows an investigation by the OLMS Los Angeles District Office.
Last Updated: 4-16-21