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Office of Labor-Management Standards (OLMS)


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 District Of Columbia
Southern Division

ELAINE L. CHAO, Secretary of Labor,
United States Department of Labor,
200 Constitution Avenue, N.W.
Washington, DC 20210
Plaintiff,

No. 03-3645 Jfw (Cwx)

Settlement Stipulation
(Proposed) Order Thereon


v.

 

Local 47, International Brotherhood
Of Electrical Workers, Afl-Cio
600 N. Diamond Bar Boulevard
Diamond Bar, California 91765
Defendant.

 

It is hereby stipulated by the parties, through their undersigned counsel, as follows:

  1. Plaintiff, Secretary of Labor, brought this action under Title IV of the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C. §§ 481-484, hereinafter referred to as the Act, to set aside the defendant's July 8, 2002 regular election for Business Manager/Financial Secretary and Executive Board/Basin West I offices.
  2. The parties, in settlement of this action, hereby stipulate and agree that the defendant shall conduct, under the supervision of the plaintiff Secretary of Labor, the defendant's next regularly scheduled elections, including nominations for all offices, in June 2005. The parties agree that nominations and elections shal1 be conducted in accordance with Title IV of the Act, 29 U.S.C. §§ 481-484, and, insofar as lawful and practicable, in accordance with defendant's International Brotherhood of Electrical Workers Constitution (constitution) and Local 47 By1aws (bylaws).
  3. Defendant enters into this Stipulation of Settlement to avoid and save the costs and burdens of further protracted litigation. Defendant denies any wrongdoing in connection with any matter in litigation.
  4. Defendant agrees to publish, in print and electronically in The Union Reporter, the Notice of Supervised Election (Notice), attached and incorporated in this agreement by reference, in the fo1lowin time frame: in the first publication of The Union Reporter following the execution of this agreement by the parties and again in the election editions, i.e., the editions that routinely contain combined nominations and election notices and are mailed to all members once in each of the following months in an election year: March, April and May. In addition, defendant agrees to electronically post the Notice on its webpages, www.ibew47.org, on the "Bulletin Board Notices" page, and at the Union hall from the execution date of this agreement until the nomination notice is first mailed in March 2005. The printed notice will be conspicuously placed in the Union Reporter an will be at least be a one-half page block while the posted Notice at the union hall will be at lease 8/2 by 11 inches.
  5. All decisions as to the interpretation or application of Title IV of the Act, and the bylaws and constitution of the defendant relating to the supervised election, are to be determined by the plaintiff Secretary of Labor and her decisions shall be final and binding. All complaints and challenges including post-election challenges regarding the conduct of this supervised election shall be directed to the Election Supervisor, c/o Jeffrey Gitomer, District Director, Office of Labor Management Standards, 915 Wilshire Boulevard, Suite 910, Los Angeles, California 90017.
  6. The Court shall retain jurisdiction of this action after completion of the supervised election and throughout the certification process. The plaintiff Secretary shall certify to the Court the names of the persons so elected and that such election was conducted in accordance with Title IV of the Act, and insofar as lawful and practicable, in accordance with the provisions of the constitution and bylaws of the defendant. Upon approval of such certification the Court shall enter a judgment declaring that such persons have been elected as shown by such certification to serve as the duly elected officers of the defendant local and further providing that each party shall bear its own costs, fees and other expenses incurred by such party in connection with any stage of this proceeding.

DATED: February 12, 2004.

ROTHNER, SEGALL & GREENSTONE
/SIGNED/__________
GLENN ROTHNER
Attorney for Defendant

DATED: February 13, 2004.

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
PAMELA W. MCKEE, Associate Regional Solicitor
SHIREEN M. MCQUADE, Attorney
U.S. Department of Labor
of Counsel

ORDER

IT IS SO ORDERED.

DATED: February 19, 2004

/SIGNED/_________
UNITED STATES DISTRICT JUDGE