Below is a list of voluntary compliance agreements entered into in 2019.
On December 12, 2019, OLMS entered into a voluntary compliance agreement with United Auto Workers (UAW) Local 551 (located in Chicago, Ill.), concerning its June 8, 2019 election of officers. The union agreed to conduct new nominations, if necessary, and a new election, for the offices of president, financial secretary-treasurer, bargaining chair, and three bargaining committee members under OLMS supervision, on or before May 29, 2020. The investigation disclosed that union and employer funds were used to promote the candidacy of certain individuals when the “UAW Local 551 Bargaining Team” app was used to send campaign material to members and when campaign material was sent to members via a targeted text message. The agreement follows an investigation by the OLMS Chicago District Office.
On December 12, 2019, OLMS entered into a voluntary compliance agreement with International Union of Painters and Allied Trades Local 510 (located in Daly City, Calif.), concerning the local’s June 12, 2019 election of union officers. Local 510 agreed to hold new nominations and a new election for the office of District Council 36 Delegate (2). The investigation concluded that the local failed to provide its members an adequate opportunity to vote by conducting the election at the local’s monthly membership meeting for only one hour when some members were still working. In addition, the investigation determined that location of the polls and the length of the time for voting were unreasonable for members who did not live or work close to the polls. The agreement follows an investigation by the OLMS San Francisco-Seattle District Office.
On December 11, 2019, OLMS entered into a voluntary compliance agreement with United Steelworkers Local 565 (located in Sacramento, Calif.) concerning the local’s June 27, 2019 election of union officers. Local 565 agreed to hold new nominations and a new election for the offices of president, vice-president, treasurer, financial secretary, and recording secretary. The investigation concluded that the local did not provide its members an adequate opportunity to nominate by failing to properly notify the membership of the nominations meeting, as well as alternative methods for submitting nominations. The nominations meeting was held when more than one quarter of the local’s members were working. In addition, Local 565 allowed several non-members to vote. The agreement follows an investigation by the OLMS San Francisco-Seattle District Office.
On November 25, 2019, the Department entered into a voluntary compliance agreement with International Association of Machinists and Aerospace Workers District Lodge 837, located in Hazelwood, Mo., concerning an election of union officers conducted on March 23, 2019. The union agreed to conduct a new election and installation, and, if necessary, new nominations, for the offices of president/directing business representative and secretary-treasurer. The union agreed that the new election will be conducted prior to March 23, 2020, under DOL supervision. The investigation concluded that the union failed to make a reasonable effort to keep its membership mailing list current, which resulted in members not receiving the AeroFacts newsletter containing the notice of election, in violation of section 401(e) of the LMRDA. Additionally, the union failed to resend newsletters that were returned with USPS-provided forwarding addresses. The investigation further found that improper campaigning occurred during a retiree club meeting and at various employer worksite locations, in violation of section 401(g). Finally, the investigation found that the union failed to retain absentee ballot return envelopes, in violation of the election records retention requirement in section 401(e). The agreement follows an investigation by the OLMS Denver-St. Louis District Office.
On November 25, 2019, OLMS entered into a voluntary compliance agreement with American Federation of Government Employees Local 31, (located in Cleveland, Ohio) concerning Local 31’s June 14, 2019 election of union officers. The union agreed to conduct a new election of its officers under OLMS supervision. The investigation concluded that the union failed to provide proper notice of election, denied members the right to vote, and failed to provide adequate safeguards when it did not properly inform members of a new ballot and balloting period and did not take the reasonable step of forwarding undeliverable ballot packages to members whose ballots were returned to the union with expired forwarding addresses. The investigation also found that employer funds were used for campaign purposes when a former officer sent an e-mail containing campaign material to members via a government e-mail system. Additionally, the investigation revealed that the union failed to provide adequate safeguards for the ballots and denied candidates the right to have observers present when an election committee member periodically opened the union’s post office box for voted ballots during the balloting period without notifying the candidates and their observers. The agreement follows an investigation by the OLMS Cincinnati- Cleveland District Office.
On November 21, 2019, OLMS entered into a voluntary compliance agreement with American Federation of Government Employees (AFGE) Local 518 (located in Atlanta, Ga.), concerning its June 11, 2019 election of officers. The union agreed to conduct new nominations, if necessary, and a new election, for the office of president under OLMS supervision, on or before March 31, 2020. The investigation disclosed that ineligible members were permitted to vote when 16 absentee ballots were included in the final election tally, even though there was no information on the return envelope to identify the voter and confirm eligibility. The agreement follows an investigation by the OLMS Atlanta-Nashville District Office.
On October 23, 2019, OLMS entered into a voluntary compliance agreement with United Government Security Officers of America (UGSOA) Local 309 (located in Denver, Colo.) to conduct new nominations, a new election, and installation for the office of president on or before February 29, 2020, under the supervision of the Secretary of Labor. The investigation established that Local 309 failed to ensure voter secrecy by requiring voters to include a unique alphanumeric code in the same envelope as their ballots which could be used by the election committee to determine their vote; failed to provide members with adequate notice when it informed members of a change in the available methods of voting nine days before the election; and failed to maintain required records such as mail ballot packages that were returned undeliverable. The union also failed to provide adequate safeguards when they failed to provide clear instructions on how to vote the ballot and where or when to return voted ballots. Finally, one officer/candidate removed voted ballots from the union’s mailbox, some voted ballots were hand-delivered to the election committee, and ballots were unable to be reconciled.
On September 26, 2019, OLMS entered into a voluntary compliance agreement with the Part-Time Faculty Association at Columbia College (P-fac)/Columbia Faculty Union (CFAC) (located in Chicago, Ill.) to supervise new nominations, an election, and installation for the offices of president, vice president, treasurer, and secretary on or before December 20, 2019 under the supervision of the Secretary of Labor. The investigation established that P-fac/CFAC failed to hold an officer election at least once in the last three years, in violation of Section 401(b) of the LMRDA.
On September 23, 2019, OLMS entered into a voluntary compliance agreement with International Brotherhood of Electrical Workers (IBEW) Local 266 (located in Phoenix, Ariz.) concerning the local’s June 3, 2019 election of union officers. Local 266 agreed to hold a new election for the offices of business manager, electrical systems executive board member, and convention delegate. The investigation concluded that the local failed to preserve ballot secrecy when it counted the votes. The agreement follows an investigation by the OLMS Los Angeles District Office.
On August 29, 2019, the Department entered into a voluntary compliance agreement with American Postal Workers Union (APWU) Local 83, located in New Orleans, La., concerning an election of union officers conducted on April 29, 2019. The union agreed to conduct a new election and installation, and, if necessary, new nominations, for the positions of president, assistant maintenance craft director, first assistant clerk craft director, delegates – clerk craft (three positions), delegates – maintenance craft (two positions), and delegate – motor vehicle (one position). The union agreed that the new election will be conducted prior to November 15, 2019, under the supervision of the Department of Labor. The investigation concluded that the union failed to provide adequate safeguards and denied members the right to vote by not issuing replacement ballots to members who requested them, and by failing to re-mail ballot packages returned as undeliverable. The union also failed to make reasonable efforts to maintain and update its membership address list. The investigation further found that not all ballots were mailed directly by members to the post office box designated for returned, voted ballots. Additionally, the union failed to mail a notice of election to each member’s last known home address at least 15 days prior to the election. Lastly, the union failed to adhere to the APWU National Constitution and Bylaws, which requires the ballot receipt deadline to be no less than 20 days from the date of ballot mailing. The agreement follows an investigation by the OLMS Dallas-New Orleans Office.
On August 13, 2019, OLMS entered into a voluntary compliance agreement with the International Longshoremen’s Association (ILA) Local 1410 (located in Mobile, Ala.) concerning the local’s December 1, 2017, election of union officers. Local 1410 agreed to hold a new election for the office of trustee (3). The investigation concluded that the local improperly permitted two ineligible members to vote and denied two eligible members the right to vote. The agreement follows an investigation by the OLMS Dallas-New Orleans District Office.
On August 5, 2019, the Department entered into a voluntary compliance agreement with the Service Employees International Union Local 775 Staff Union Union (SUU), located in Seattle, Wash., concerning the officer election conducted on February 27, 2019. SUU agreed to conduct a new election and installation, and new nominations as necessary, for the offices of two co-chairs/co-presidents, secretary treasurer, and six delegates. SUU agreed that the new election will be completed by October 31, 2019, under the supervision of the U.S. Department of Labor. The agreement follows an investigation by the OLMS San Francisco-Seattle District Office.
On July 18, 2019, OLMS entered into a voluntary compliance agreement with International Longshore and Warehouse Union (ILWU) Local 26 (located in Los Angeles, Calif.) concerning the local's December 11, 2018 election of union officers. The union agreed to hold new nominations for the offices of president/business agent, vice president/business agent, secretary-treasurer/business agent, and six trustees; and to hold a new election for all local officer positions to be conducted under OLMS supervision. The investigation concluded that the local failed to provide proper notice of the election members when it changed polling hours at one polling location without sending notice of the change to the last known home address of each member at least 15 days in advance, denied members the right to vote when the polling hours at one location were insufficient to accommodate members' work schedules, and failed to hold nominations for the vice president position and several business agent positions. The agreement follows an investigation by the OLMS Los Angeles District Office.
On June 19, 2019, OLMS entered into a voluntary compliance agreement with Service Employees International Union (SEIU) Local 73 (located in Chicago, Ill.), concerning its October 23, 2018 election of officers. The union agreed to conduct new nominations (in the event one or more candidates from the challenged election drop candidacy or are deemed ineligible), a new election, and installation for the offices of president, secretary-treasurer, two executive board vice presidents, five vice presidents, two executive board members – Region 2, three executive board members – Region 3, two executive board members – Region 7, and executive board member – Region 13, under OLMS supervision on or before November 22, 2019. The investigation disclosed that union resources were used when a candidate obtained the union’s membership list and used it to purchase members’ phone numbers to campaign via phone bank. The agreement follows an investigation by the OLMS Chicago District Office.
On June 13, 2019, OLMS entered into a voluntary compliance agreement with Transport Workers Union (TWU) Local 100 (located in Brooklyn, N.Y.) concerning its December 6, 2018 election of officers. The union agreed to conduct a new election for the 12th delegate to convention, Station Division, under OLMS supervision, on or before September 30, 2019. The OLMS investigation concluded that the union denied members the right to vote when return undelivered ballot packages with a forwarding address, were not re-mailed; the violation was limited to two return ballot packages in the station division. The agreement follows an investigation by the OLMS New York District Office.
On June 10, 2019, OLMS entered into a voluntary compliance agreement with American Federation of Government Employees (AFGE) Local 2110 (located in Palo Alto, Calif.) concerning its December 4, 2018 election of officers. The union agreed to conduct new nominations and a new election for president, executive vice president, secretary-treasurer, sergeant-at-arms, vice president of the professional bargaining unit, vice president of the non-professional bargaining unit, and 2nd vice president (three positions) under OLMS supervision, on or before October 30, 2019. The OLMS investigation concluded that the union failed to mail notice of election to all members listed on the dues deduction authorization report; failed to provide the correct ballot type to certain members; and failed to provide a proper notice of nominations, in that an incorrect room number for the nominations meeting location was listed. The agreement follows an investigation by the OLMS San Francisco-Seattle District Office.
On May 13, 2019, OLMS entered into a voluntary compliance agreement with the American Federation of Government Employees (AFGE) Local 1923 (located in Baltimore, Md.), concerning the local union’s election of officers conducted on December 6, 2018. The union agreed to OLMS supervision of new nominations, a new election, and installation for the offices of president, executive vice president, treasurer, secretary, sergeant at arms, chief steward, and 19th vice president. The investigation found that members were denied the right to vote when ballots were not mailed to 65 members and forwarded to five additional members, for whom the union had a forwarding address; candidates were denied the right to have an observer both during the tally, when they were asked to leave the room, and at the post office, when picking up ballots; the union failed to provide proper notice of nominations, as, with no attempts made to update the address list, the notice was not reasonably calculated to reach all members; and the union failed to provide adequate safeguards when extra ballots were maintained in an unlocked file cabinet and ballots were hand delivered. The agreement follows an investigation by the OLMS Washington District Office.
On May 7, 2019, OLMS entered into a voluntary compliance agreement with International Association of Machinists and Aerospace Workers Lodge 701 (located in Carol Stream, Ill.) concerning a December 5, 2018 challenged election of union officers. Lodge 701 agreed to hold new nominations and a new election for the office of vice president. The investigation concluded that Lodge 701 failed to provide a reasonable opportunity for members to nominate candidates by requiring nominators and nominees to be present at the nominations meeting without providing adequate procedures for members required to work during the meeting. The agreement follows an investigation by the OLMS Chicago District Office.
On April 3, 2019, OLMS entered into a voluntary compliance agreement with American Postal Workers Union (APWU) Local 98 (located in Fort Worth, Tex.) concerning the local's December 1, 2018 election of union officers. The union agreed to conduct a new election for the offices of Maintenance Craft Texas Postal Workers Union State Delegate and Maintenance Craft National Delegate to be conducted under OLMS supervision. The investigation concluded that the local improperly denied members the right to vote when they sent incorrect craft-specific ballots to members. The agreement follows an investigation by the OLMS Dallas-New Orleans District Office.
On February 11, 2019, OLMS entered into a voluntary compliance agreement with American Postal Workers Union (APWU) Local 67 (located in Kansas City, Mo.), concerning a December 14, 2018 challenged election of union officers. Local 67 agreed to hold new nominations and a new election for the positions of: president, executive vice president; secretary/treasurer; sergeant-at-arms; editor; Industrial Relations Director; Clerk Craft Director; Clerk Craft Chief Stewards of Tour I, Tour II, Tour III, and Stations and Branches; coordinators of offices with twenty-five or more members; Motor Vehicle Director; Chief Steward Motor Vehicle Drivers (A); Chief Steward Motor Vehicle Drivers (B); Maintenance Director; Chief Steward Maintenance (A); Chief Steward Maintenance (B); and Delegates to State and National Conventions. The investigation concluded that the local did not provide adequate notice of nominations when it mailed a complete notice to only a portion of the membership and failed to post a complete notice on bulletin boards at worksites. Local 67 also posted notices of the nominations membership meeting that contained the wrong date. The agreement follows an investigation by the OLMS Denver-St. Louis District Office.
Last Updated: 4-16-21