On October 5, 2011, OLMS entered into a voluntary compliance agreement with National Postal Mail Handlers Union (NPMHU) Local 334 (located in West Columbia, S.C.), concerning its election of officers completed on March 26, 2011. The OLMS investigation concluded that some candidates campaigned on work time. The union agreed to conduct a new election for president and vice president under OLMS supervision. The agreement follows an investigation by the OLMS Atlanta District Office.
On September 6, 2011, OLMS entered into a voluntary compliance agreement with Amalgamated Transit Union (ATU) Local 1309 (located in San Diego, Calif.), concerning its election of officers completed on November 15, 2010 and December 17, 2010. The OLMS investigation concluded that an ineligible member voted and eligible members were not sent ballots. The union agreed to conduct a new election for president/business agent/first international delegate, financial secretary-treasurer/second international delegate, executive board position #2/second international alternate delegate, and executive board position #3/third international alternate delegate under OLMS supervision. The agreement follows an investigation by the OLMS Los Angeles District Office.
On September 7, 2011, OLMS entered into a voluntary compliance agreement with American Federation of Government Employees (AFGE) Local 1010 (located in Beaumont, Tex.), concerning the union’s failure to hold a regularly scheduled election of officers in May 2011. The union agreed to conduct nominations and an election of officers under OLMS supervision. The agreement follows an investigation by the OLMS New Orleans District Office.
On August 9, 2011, OLMS entered into a voluntary compliance agreement with United Transportation Union (UTU) General Committee of Adjustment 387 (located in Sioux City, Iowa) concerning its challenged election of officers conducted on February 22, 2011. The union agreed to conduct new nominations and a new election for the positions of general chairman and first vice general chairman under OLMS supervision. The OLMS investigation of the challenged election disclosed that union equipment and stationery were used to create and distribute campaign material in support of a candidate and that a participant in the election was not elected by secret ballot vote of the members he represented. The agreement follows an investigation by the OLMS St. Louis District Office.
On July 28, 2011, OLMS entered into a voluntary compliance agreement with Local 1546 of the American Federation of Government Employees (located in San Francisco, Calif.), concerning its election of officers completed on January 14, 2011. The OLMS investigation concluded that Local 1546 improperly disqualified two candidates. The union agreed to conduct a new election for 1st vice president and treasurer under OLMS supervision. The agreement follows an investigation by the OLMS San Francisco District Office.
On July 22, 2011, OLMS entered into a voluntary compliance agreement with Local 1224 of the American Federation of Government Employees (located in Las Vegas, Nev.), concerning its election of officers completed on January 11, 2011. The OLMS investigation concluded that Local 1224 denied members in good standing their right to vote when it failed to mail ballots to all eligible members. The union agreed to conduct a new election for president (the only contested officer position) before November 1, 2011, under OLMS supervision. The agreement follows an investigation by the OLMS Seattle District Office.
On July 15, 2011, OLMS entered into a voluntary compliance agreement with Teamsters Local 325 (located in Rockford, Ill.), concerning the challenged election of officers conducted on November 22, 2010. The union agreed to conduct new nominations (if necessary) and a new election under OLMS supervision. The OLMS investigation of the challenged election disclosed that Local 325 failed to provide adequate safeguards in that members were not afforded adequate time to participate in the mail ballot election. Local 325 also failed to maintain both nomination meeting records and duplicate ballot request records. The agreement follows an investigation by the OLMS Chicago District Office.
On June 13, 2011, OLMS entered into a voluntary compliance agreement with American Federation of Government Employees (AFGE) Local 2109 (located in Temple, Tex.), concerning the Local 2109 rerun election of officers conducted on September 10, 2010. The OLMS investigation disclosed violations including the union’s failure to mail election notices to all Local 2109 members at their last known home address and its failure to elect by secret ballot when a faxed ballot was counted. The agreement follows an investigation by the OLMS Dallas District Office.
On May 23, 2011, OLMS entered into a voluntary compliance agreement with Local Lodge 49 of the International Association of Machinists and Aerospace Workers (located in Crete, Ill.), concerning the Local Lodge 49 election of officers conducted on December 14, 2010. The OLMS investigation concluded that union funds were used to campaign. The union agreed to conduct a new election for president under OLMS supervision. The agreement follows an investigation by the OLMS Chicago District Office
On May 10, 2011, OLMS entered into a voluntary compliance agreement with the National Postal Mail Handlers Union (NPMHU), LIUNA Local 314 (located in Hazelwood, Mo.), concerning its election of officers conducted on September 14, 2010. NPMHU Local 314 agreed to conduct a new election, under OLMS supervision, for the offices of Local 314 Vice President and Treasurer, Missouri State Representative, and Metro Annex Branch President. The OLMS investigation of the challenged election disclosed that Local 314 failed to provide adequate safeguards to ensure a fair election and denied members the opportunity to vote. The investigation also disclosed that employer funds were used to promote the candidacy of a candidate. The voluntary compliance agreement follows an investigation by the OLMS St. Louis District Office.
On March 3, 2011, OLMS entered into a voluntary compliance agreement with the United Union of Security Guards (UUSG), located in Baltimore, Md., concerning the mail ballot election of officers conducted in January 2011. The OLMS investigation concluded that UUSG failed to provide adequate safeguards to ensure a fair election and may have denied members their right to vote when it printed an incorrect zip code on the return ballot envelopes. The union agreed to conduct a new election for all officer positions on or before August 5, 2011 under OLMS supervision. The agreement follows an investigation by the OLMS Washington District Office.
On February 28, 2011, OLMS entered into a voluntary compliance agreement with International Alliance of Theatrical Stage Employees (IATSE) Local 600 (located in Los Angeles, Calif.), concerning its May 14, 2010 election of officers. IATSE Local 600 agreed to conduct a new election, under OLMS supervision, for the office of Western Region National Executive Board – Director of Photography and Visual Effects Supervisor. The OLMS investigation of the election disclosed that the local improperly applied a new working-at-the-trade candidate eligibility requirement retroactively. The voluntary compliance agreement follows an investigation by the OLMS Phoenix Resident Office.
On February 22, 2011, OLMS entered into a voluntary compliance agreement with the International Union of Operating Engineers (IUOE) Local 310 (located in Green Bay, Wisc.), concerning its election of officers conducted on August 25, 2010. IUOE Local 310 agreed to conduct a new election, under OLMS supervision, for the offices of business manager, district director of the power plant, and three trustees. The OLMS investigation of the election disclosed that Local 310 failed to mail an election notice to all members, denied members the opportunity to vote, and allowed ineligible members to vote. The voluntary compliance agreement follows an investigation by the OLMS Milwaukee District Office.
On January 6, 2011, OLMS entered into a voluntary compliance agreement with United Government Security Officers of America (UGSOA) Local 289 (located in Detroit, Mich.), concerning its July 31, 2010 election of officers. UGSOA Local 289 agreed to conduct new nominations, a new election, and installation for the offices of president, vice president, and trustee under OLMS supervision. The OLMS investigation of the July 31, 2010 election disclosed that the local did not mail election notices to members' last known home address and that the failure to use secret ballot envelopes with absentee ballots violated secrecy. The agreement follows an investigation by the OLMS Detroit District Office.
Under the Labor-Management Reporting and Disclosure Act (LMRDA), when the Department of Labor (Department) receives a valid complaint, investigates that complaint, and finds probable cause to believe that a violation occurred which may have affected the outcome of the challenged election, the Department has one remedy: a new election under the Department’s supervision. The Department has limited discretion in deciding whether to bring an action under Title IV of the LMRDA. In fact, Section 402(b) of the LMRDA states that if the Secretary of Labor "finds probable cause to believe that a violation of this title has occurred and has not been remedied, he shall . . . bring a civil action against the labor organization." 29 U.S.C. §482(b).
In the case involving IATSE Local 600’s 2010 election, the Department investigated complaints properly filed by members of Local 600. The Department found probable cause to believe that Local 600 violated Title IV of the LMRDA, and that this violation may have affected the outcome of the election of the Western Region National Executive Board – Director of Photography and Visual Effects Supervisor position. Given the Department’s investigative findings, the Department sought and received a voluntary compliance agreement with Local 600 for a new election for this position, under the Department’s supervision.
The Department’s decision to seek its statutory remedy of a supervised election is not conditioned upon any particular complainant’s demand; it is mandated by statute where a violation affecting the outcome of the election occurs. The statute requires the Department to pursue the remedy of a new supervised election even when a complainant is no longer interested in challenging the election or running for office in the new election.
Going forward, the Department will be supervising Local 600’s new election for the Western Region National Executive Board – Director of Photography and Visual Effects Supervisor. The Department’s role is to ensure that this election is conducted in accordance with the protections and requirements of Title IV of the LMRDA.
Last Updated: 1-20-12