U.S. DEPARTMENT OF LABOR
OFFICE OF LABOR-MANAGEMENT STANDARDS
WASHINGTON, DC 20210
DETERMINATION
Determination of a Complaint Filed under Title IV
of the Labor-Management Reporting and Disclosure Act of 1959
On March 10, 2015, the Secretary of Labor received a complaint alleging violations of Section 401 of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), in the regularly scheduled election of officers conducted on November 14, 2014, by Communications Workers Local 3122 in Miami, Florida.
Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that the union failed to provide adequate safeguards when nominees served on the election committee; failed to provide adequate safeguards when members were re-credentialed and voted during a voting drive; and failed to elect officers by secret ballot.
Apprised of these findings, Communications Workers Local 3122 agreed to conduct a new election of officers under the supervision of the Secretary of Labor, in accordance with Title IV of the LMRDA. The agreed upon remedial election was concluded on July 23, 2015. It is, therefore,
DETERMINED, that there is probable cause to believe that violations of Title IV of the LMRDA occurred which may have affected the outcome of the election conducted by Communications Workers Local 3122 on November 14, 2014, but that these violations have been remedied by the new election, conducted in accordance with Title IV of the LMRDA, under the supervision of the Secretary of Labor, on July 23, 2015.
Therefore, civil action under Section 402(b) of the LMRDA to set aside the election conducted on November 14, 2014 is not warranted.
Signed this 3rd day of September, 2015.
Stephen J. Willertz
Acting 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
September 3, 2015
Dear :
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Stephen J. Willertz
Acting Chief, Division of Enforcement
Enclosure
U.S. Department of Labor
Office of Labor-Management Standards
Division of Enforcement
Washington, DC 20210
(202) 693-0143 Fax: (202) 693-1343
September 3, 2015
Mr. Don Abicht, President
Communications Workers AFL-CIO Local 3122
13012 SW 133rd Court
Miami, Florida 33186
Dear Mr. Abicht:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Stephen J. Willertz
Acting Chief, Division of Enforcement
Enclosure
U.S. Department of Labor
Office of Labor-Management Standards
Division of Enforcement
Washington, DC 20210
(202) 693-0143 Fax: (202) 693-1343
September 3, 2015
Mr. Christopher Shelton, President
Communications Workers AFL-CIO
501 3rd Street NW
Washington, DC 20001
Dear Mr. Shelton:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Stephen J. Willertz
Acting Chief, Division of Enforcement
Enclosure