U.S. Department of Labor
Office of Labor-Management Standards
Division of Enforcement
Washington, DC 20210
(202) 693-0143 Fax: (202) 693-1343
February 7, 2013
Dear :
This is to advise you of the disposition of your complaint filed with the Secretary of Labor alleging that violations of Title III of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) occurred with respect to the trusteeship imposed by the American Federation of Government Employees (AFGE), over AFGE Local 900, formerly located in St. Louis, Missouri.
Pursuant to Sections 304 and 601 of the LMRDA, an investigation was conducted by the Office of Labor-Management Standards. After carefully reviewing the investigative findings, and after consulting with the Solicitor of Labor, we have determined that legal action is not warranted in this case. We are, therefore, closing our file as of this date.
The basis for this decision is set forth in the enclosed Statement of Reasons.
Sincerely,
Patricia Fox
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
February 7, 2013
J. David Cox, National President
American Federation of Government Employees
80 F Street, NW
Washington, DC 20001
Dear Mr. Cox:
This is to advise you of the disposition of a complaint filed with the Secretary of Labor alleging that violations of Title III of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) occurred with respect to the trusteeship imposed by the American Federation of Government Employees (AFGE), over AFGE Local 900, formerly located in St. Louis, Missouri.
Pursuant to Sections 304 and 601 of the LMRDA, an investigation was conducted by the Office of Labor-Management Standards. After carefully reviewing the investigative findings, and after consulting with the Solicitor of Labor, we have determined that legal action is not warranted in this case. We are, therefore, closing our file as of this date.
The basis for this decision is set forth in the enclosed Statement of Reasons.
Sincerely,
Patricia Fox
Chief, Division of Enforcement
Statement of Reasons
For Dismissing a Complaint
Concerning the Trusteeship Imposed on
American Federation of Government Employees, Local 900
On July 21, 2010, a union member filed a complaint with the Department of Labor alleging that the American Federation of Government Employees, AFL-CIO, (AFGE) violated the Labor-Management Reporting and Disclosure Act of 1959 et seq., (LMRDA) when it imposed a trusteeship on Local 900 on December 22, 2008 for failure to pay per capita tax to AFGE. The complaint alleged that AFGE improperly continued its trusteeship beyond eighteen (18) months and that the trusteeship should be terminated since all of the union’s per capita taxes were timely paid.
Under a Base Realignment and Closure Plan (BRAC) enacted by Congress in 2005, the bargaining unit represented by Local 900 was transferred to the United States Army Human Resource Command Center (HRC) in Fort Knox, Kentucky. The transfer eliminated all the positions held by Local 900 members in St. Louis. In November 2011, the FLRA certified a consolidated union, AFGE Local 2302, at HRC, which included the former Local 900 employees. AFGE terminated the trusteeship over Local 900, effective March 1, 2012, and disbanded the local, filing a Terminal LM-2 report with the Department of Labor on March 12, 2012.
A Terminal Trusteeship Report (Form LM-16) was submitted to OLMS on September 5, 2012. The trusteeship has been terminated and no further action is necessary. We are closing the file on this matter.