Office of Labor-Management Standards (OLMS)
Civil Enforcement Actions 2014
On November 14, 2014, in the United States District Court for the Eastern District of Michigan, a Stipulation of Settlement and Order was filed to resolve the Department’s lawsuit against Service Employees International Union (SEIU) Healthcare Michigan (located in Detroit, Mich.). The Stipulation of Settlement and Order provides that the Department will supervise an election of local union officers, including nominations. The lawsuit sought to set aside the union’s March 22, 2013 election because the investigation established that the union failed to mail ballots containing the election notice to all members of the local at their last known home address and failed to maintain an accurate mailing list of the members’ home addresses. The settlement follows an investigation by the OLMS Cincinnati-Cleveland and Detroit-Milwaukee District Offices.
On September 3, 2014, the United States District Court for the Eastern District of Louisiana granted the Department of Labor’s Motion for Default Judgment against National Association of Letter Carriers (NALC) Branch 2730 (located in Gretna, La.), voided Branch 2730’s November 6, 2012 election of officers, and directed a new election under the supervision of the Secretary of Labor as soon as practicable. The Department had filed suit against Branch 2730 for failing to timely mail ballots and election notices, failing to mail ballots and election notices to all members, and failing to have voted ballots returned to a secure location. The court’s ruling follows an investigation by the OLMS Dallas-New Orleans District Office.
On August 18, 2014, in the United States District Court for the District of Colorado, the Department filed suit against Amalgamated Transit Union (ATU) Local 1001 (located in Westminster, Colo.), concerning its December 2, 2013 election of officers. The OLMS investigation determined that the union failed to conduct its election by secret ballot among the members in good standing in that: a) members were permitted to vote together at large tables; b) members marked ballots while waiting in line to cast ballots and at the election judge’s table, in plain view of election judges; c) the polling places had one cardboard voting partition, which was inadequate to accommodate the large number of voters; and d) members were never instructed to use the cardboard partitions for voting. The violation may have affected the offices of vice president, recording secretary/correspondent, financial secretary-treasurer/assistant business agent and 2nd convention delegate, chief steward (Platte Transportation Division), chief steward (Platte Maintenance Division), chief steward (Light Rail Transportation Division), and chief steward (First Transit Denver). The suit follows an investigation by the OLMS Denver-St. Louis District Office.
On August 11, 2014, in the United States District Court for the District of Maine, the Department filed suit against American Postal Workers Union (APWU) Local 458 (located in Portland, Maine), concerning its March 13, 2014 election of officers. The OLMS investigation determined that the incumbent president used a union list containing members’ personal and e-mail addresses to send campaign literature promoting his candidacy and the candidacy of the general vice president which was not provided to any other candidates. The violation may have affected the general president and general vice president races. The suit follows an investigation by the OLMS Boston-Buffalo District Office.
On July 31, 2014, in the United States District Court for the District of Arizona, the Department filed suit against Independent Certified Emergency Professionals of Arizona (ICEP) Local 1 (located in Mesa, Ariz.). The investigation determined that the union has not conducted a local union officer election since 2006. This is a continuing violation affecting all of the officer positions: president, vice-president/business manager, secretary-treasurer, and three trustees. The lawsuit follows an investigation by OLMS Phoenix Resident Investigator Office.
On July 25, 2014, in the United States District Court for the District of Columbia, the Department filed suit against Amalgamated Transit Union (ATU) Local 1700 (located in Washington, D.C.). The lawsuit seeks to void the union’s mail ballot election for president and alternate delegates that was completed on January 7, 2014, and obtain a new election for these positions under the Secretary of Labor’s supervision. The OLMS investigation of the election determined that the union denied members in good standing of their right to vote when it failed to re-mail ballot packages that had been returned as undeliverable even though corrected forwarding addresses for the members were available. The lawsuit follows an investigation by the OLMS Washington District Office.
On March 21, 2014, the Department filed a complaint with the Department of Labor Chief Administrative Law Judge concerning the Association of Administrative Law Judges (AALJ) Judicial Council No. 1 of the International Federation of Professional and Technical Engineers (IFPTE). The complaint seeks to nullify the union’s November 12, 2012 election of president and seeks a new election for that office under OLMS supervision. The complaint alleged that notice of nominations did not inform members of when their nomination petitions submitted by mail had to be received by the nominating committee thereby denying a member in good standing a reasonable opportunity to be nominated. The complaint follows an investigation by the OLMS Atlanta-Nashville District Office.
Last Updated: 12-03-14