U.S. Department of Labor
Office of Labor-Management Standards
Division of Enforcement
Washington, DC 20210
(202) 693-0143 Fax: (202) 693-1343
October 29, 2010
|||||| || ||||||||
||| ||||| ||| ||||||
||||||||||| |||| |||| |||||
Dear ||| ||||||||:
This Statement of Reasons is in response to your complaint filed with the Department of Labor on July 19, 2010, alleging violations of Title IV of the Labor-Management Reporting and Disclosure Act of 1959, as amended (LMRDA), 29 U.S.C. §§ 481 – 484, occurred in connection with the election of delegates conducted by United Brotherhood of Carpenters and Joiners of America Local 370 on March 8, 2010.
The Department of Labor conducted an investigation of your allegations. As a result of the investigation, the Department has concluded that your complaint should be dismissed as moot because the delegates have discharged their duties.
You made several allegations concerning the conduct of Local 370's election of delegates, held March 8, 2010. The investigation disclosed that four delegates from your local were elected to participate in the nomination and election of International officers at the International Convention, held August 16-19, 2010. Your administrative complaint was filed approximately one month prior to the commencement of the Convention. Before the Department could have investigated and acted on your complaint, newly-elected delegates had already participated in the Convention and discharged their duties as delegates. Any relief that could be undertaken by the Department with respect to this complaint would have affected solely the local's delegate election, not the election of International officers held at the August 2010 Convention. Consequently, your complaint is moot.
However, as the Department informed you orally when you filed your complaint, you had the opportunity to file an additional protest and complaint with the Department if you believed that a violation occurred which may have affected the outcome of International officers elected at the Convention. In order to file a valid and timely complaint with the Department, you must comply with the internal protest requirements of your union. See 29 C.F.R. § 452.135.
For the reasons set forth above, your complaint is dismissed, and I have closed the file in this matter.
Sincerely,
Patricia Fox
Chief, Division of Enforcement
cc: Douglas J. McCarron, General President
United Brotherhood of Carpenters and Joiners of America
101 Constitution Avenue, N.W.
Washington, D.C. 20001
Douglas Blacklock, President
Carpenters Local 370
1284 Central Avenue
Albany, New York 12205
Katherine Bissell, Associate Solicitor
Civil Rights and Labor-Management Division
U.S. Department of Labor
Office of Labor-Management Standards
Division of Enforcement
Washington, DC 20210
(202) 693-0143 Fax: (202) 693-1343
October 29, 2010
|||| || ||||||
|||| ||| |||
|||||||||| |||| |||| |||||
Dear ||| ||||||:
This Statement of Reasons is in response to your complaint filed with the Department of Labor on July 12, 2010, alleging violations of Title IV of the Labor-Management Reporting and Disclosure Act of 1959, as amended (LMRDA), 29 U.S.C. §§ 481 – 484, occurred in connection with the election of delegates conducted by United Brotherhood of Carpenters and Joiners of America Local 370 on March 8, 2010.
The Department of Labor conducted an investigation of your allegations. As a result of the investigation, the Department has concluded that your complaint should be dismissed as moot because the delegates have discharged their duties.
Your complaint to the Department concerned the conduct of Local 370's election of delegates, held March 8, 2010. The investigation disclosed that four delegates from your local were elected to participate in the nomination and election of International officers at the International Convention, held August 16-19, 2010. Your administrative complaint was filed approximately one month prior to the commencement of the Convention. Before the Department could have investigated and acted on your complaint, newly-elected delegates had already participated in the Convention and discharged their duties as delegates. Any relief that could be undertaken by the Department with respect to this complaint would have affected solely the local's delegate election, not the election of International officers held at the August 2010 Convention. Consequently, you complaint is moot.
However, as the Department informed you when you filed your complaint, you had the opportunity to file an additional protest and complaint with the Department if you believed that a violation occurred which may have affected the outcome of International officers elected at the Convention. In order to file a valid and timely complaint with the Department, you must comply with the internal protest requirements of your union. See 29 C.F.R. § 452.135.
For the reasons set forth above, your complaint is dismissed as moot, and I have closed the file in this matter.
Sincerely,
Patricia Fox
Chief, Division of Enforcement
cc: Douglas J. McCarron, General President
United Brotherhood of Carpenters and Joiners of America
101 Constitution Avenue, N.W.
Washington, D.C. 20001
Douglas Blacklock, President
Carpenters Local 370
1284 Central Avenue
Albany, New York 12205
Katherine Bissell, Associate Solicitor for Civil Rights and Labor-Management