DEBRA W. YANG
United States Attorney

LEON W. WEIDMAN
Assistant United States Attorney
Chief, Civil Division

RUSSELL W. CHITTENDEN
Assistant United States Attorney
California State Bar Number 112613
Room 7516, Federal Building
300 North Los Angeles Street
Los Angeles, California 90012
Telephone: (213) 894-2444
Facsimile: (213) 894-7819

Attorneys for Plaintiff

                                               UNITED STATES DISTRICT COURT
                                       FOR THE CENTRAL DISTRICT OF CALIFORNIA
                                                       SOUTHERN DIVISION

ELAINE L. CHAO,
Secretary of Labor,                                               NO. 03-3645 JFW (CWX)
United States Department of Labor,
200 Constitution Avenue, N.W.                              COMPLAINT FOR VIOLATION OF
Washington, DC 20210                                         LABOR-MANAGEMENT REPORTING AND
                                    Plaintiff,                         DISCLOSURE ACT

     v.                                                                 [29 U.S.C. §§ 401 et seq.]

LOCAL 47, INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS, AFL-CIO
600 N. Diamond Bar Boulevard
Diamond Bar, California 91765
                                   Defendant.

      1. Plaintiff brings this action under Title IV of the Labor-Management Reporting and Disclosure Act of 1959 (Act of September 14, 1959, 73 Stat. 519 et seq., 29 U.S.C. §§ 401 et seq.), hereinafter referred to as the Act.

      2. Jurisdiction of this action is conferred upon the Court by section 402(b) of the Act (29 U.S.C. § 482(b)).

      3. Defendant is, and at all times relevant to this action has been, an unincorporated association maintaining its principal office at 600 N. Diamond Bar Boulevard, City of Diamond Bar, County of Los Angeles, State of California, within the jurisdiction of this Court. Venue lies in this District pursuant to Section 402(b) of the Act (29 U.S.C. § 482(b)) in that the defendant's principal office is in this District.

      4. Defendant is, and at all times relevant to this action has been, a local labor organization engaged in an industry affecting commerce within the meaning of sections 3(i) and 3(j) of the Act (29 U.S.C. §§ 402(i) and 402(j)).

      5. Defendant is, and at all times relevant to this action has been, chartered by and subordinate to the International Brotherhood of Electrical Workers, AFL-CIO, an international labor organization engaged in an industry affecting commerce within the meaning of sections 3(1) and 3(j) of the Act (29 U.S.C. § 402(1) and 402(j)).

      6. Defendant, purporting to act pursuant to its Constitution and Bylaws, conducted its regular election of officers on July 8, 2002. The election was subject to the provisions of Title IV of the Act (29 U.S.C. §§ 481 et seq.).

      7. Steve Doyle, a member of Local 47, filed a protest of the election, dated July 7, 2002, with the International Vice President who rendered a final decision on the merits by letter dated October 28, 2002. Having exhausted the remedies available under the constitution and bylaws of such organization, Doyle filed, in accordance with section 402(a)(1) of the Act (29 U.S.C. § 482 (a)(1)), a timely complaint with the Secretary of Labor, received November 27, 2002.

      8. Craig Blair, a member of Local 47, filed a protest of the election, dated August 7, 2002, with the International Vice President who rendered a final decision by letter dated October 28, 2002. Having exhausted the remedies available under the constitution and bylaws of such organization, Blair filed, in accordance with section 402(a)(1) of the Act (29 U.S.C. § 482 (a)(1)), a timely complaint with the Secretary of Labor, received November 27, 2002.

      9. Rae Sanborn, a member of Local 47, filed a protest of the election, dated July 31, 2002, with the International Vice President who rendered a final decision by letter dated October 28, 2002. Having exhausted the remedies available under the constitution and bylaws of such organization, Sanborn filed, in accordance with section 402(a)(1) of the Act (29 U.S.C. § 482 (a) (1)), a timely complaint with the Secretary of Labor, received November 29, 2002.

      10. Local 47 attorney Glenn Rothner agreed to extend the January 25, 2003, filing deadline for all three complainants to February 14, 2003, by letter dated December 23, 2002. Similar letters dated February 7, 2003, February 19, 2003, March 12, 2003, March 28, 2003, and April 15, 2003, further extended the deadline to May 23, 2003.

      11. Pursuant to section 601 of the Act (29 U.S.C. § 521), and in accordance with section 402(b) of the Act (29 U.S.C. § 482 (b)), plaintiff investigated the complaints and as a result of the facts shown by the investigation, found probable cause to believe that the following violations of Title IV of the Act (29 U.S.C. § 481, et seq.) had occurred in the conduct of the election and had not been remedied at the time of the institution of this action:

a. Defendant denied Complainant Doyle, a member in good standing, the right to run for the office of Executive Board/Basin West I, in violation of section 401(e) of the Act (29 U.S.C. § 481(e));

b. Defendant denied Complainant Blair, a member in good standing, the right to run for the office of Business Manager/Financial Secretary, in violation of section 401(e) of the Act (29 U.S.C. § 481(e)); and

c. Defendant denied Complainant Sanborn, a member in good standing., the right to run for the office of Business Manager/Financial Secretary, in violation of section 401(e) of the Act (29 U.S.C. § 481(e)).

      12. The violations of section 401(e) of the Act (29 U.S.C. § 481(e)) found and alleged above may have affected the outcome of the election for the offices of Business Manager/Financial Secretary and Executive Board/Basin West I.

      WHEREFORE, plaintiff prays for judgment as follows:

      1. For a declaration that defendant's July 8, 2002, election for the offices of Business Manager/Financial Secretary and Executive Board/Basin West I was and is null and void;

      2. For an order directing defendant to conduct a new election, with new nominations, for those offices under the supervision of plaintiff;

      3. For plaintiff's costs of this action; and

      4. For such other and further relief as the Court may deem proper.

DATED: May 21, 2003.

DEBRA W. YANG
United States Attorney

LEON W. WEIDMAN
Assistant United States Attorney
Chief, Civil Division

/SIGNED/___________
RUSSELL W. CHITTENDEN
Assistant United States Attorney

Attorneys for Plaintiff

OF COUNSEL:

HOWARD M. RADZELY
Solicitor of Labor
CAROL A. DEDEO
Associate Solicitor
SUSANNE LEWALD
Regional Solicitor
ANDREW D. AUERBACH
COUNSEL for MABOR-MANAGEMENT PROGRAMS
SHIREEN M. MCQUADE
Attorney
U.S. Department of Labor
of Counsel