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Office of Labor-Management Standards (OLMS)

Civil Enforcement Actions 2010

On December 29, 2010, the Department and Teamsters Local 901 filed a stipulation of settlement to resolve the Department's April 7, 2009 lawsuit which sought to set aside the local's October 2008 election of president, vice president, and three trustees.  The lawsuit filed in the United States District Court for the District of Puerto Rico alleged that the local failed to provide adequate safeguards in that polling sites and polling hours were not announced in a timely manner, incumbent candidates developed and had access to this information before it was provided to opposition candidates, the election at some polling sites was not conducted at the scheduled time, incumbents had custody of ballots, and an observer was denied access to a polling site.  The settlement provides that OLMS will supervise the election of officers in October 2011.  The settlement follows an investigation by the OLMS Puerto Rico Resident Investigator Office.

On August 19, 2010, in the United States District Court for the Western District of California, Central Division, the Department filed suit against International Professional Technical Workers Union (IPTWU) (located in Downey, Calif.).  The lawsuit seeks to conduct an election for all union officer positions under OLMS supervision.  The lawsuit alleges that IPTWU has never held an election since their existence in 1995.  The lawsuit follows an investigation by the OLMS Los Angeles District Office.

On July 23, 2010, in the United States District Court for the Southern District of New York, the Department filed suit against the Transport Workers Union of America (TWU) (located in New York, N.Y.).  The lawsuit seeks to nullify the election of one International Vice President and two Executive Board members conducted by the TWU at their Twenty-Third International Convention (Convention) held September 14-18, 2009, and seeks a new election under OLMS supervision for those officer positions.  The lawsuit alleges that the union violated the LMRDA by permitting three international union officers to attend the Convention as ex-officio delegates.  The officers were in bad standing pursuant to the TWU Constitution and thus were ineligible to be ex-officio delegates.  At the Convention, they were then nominated and elected to international positions despite the fact that they were not in continuous good standing for two-years preceding nominations.  The lawsuit follows an investigation by the OLMS New York District Office.

On July 19, 2010, in the United States District Court for the Northern District of Illinois, Eastern Division, the Department filed suit against International Association of Machinists (IAM) District Lodge 141 (located in Elks Grove Village, Ill.).  The lawsuit seeks to nullify the June 2010 election for the office of Assistant General Chairman.  The complaint alleges that District Lodge 141 improperly disqualified a nominee for Assistant General Chairman for failing to meet the union’s 24-month continuous good standing candidate eligibility requirement.  The lawsuit follows an investigation by the OLMS Chicago District Office. 

On April 23, 2010, in the United States District Court, District of New Mexico, the Department filed suit against International Association of Machinists Local Lodge 794 (located in Albuquerque, N.M.).  The lawsuit seeks to nullify the December 5, 2009 election for the office of President/Directing Business Representative.  The complaint alleges Local Lodge 794 improperly disqualified a nominee for President/Directing Business Representative for failing to meet the union’s “working at the trade”candidate eligibility requirement even though the nominee had a grievance pending concerning his termination from employment at the time of the election.  The lawsuit follows an investigation by the OLMS Denver District Office.

On April 13, 2010, in the United States District Court for the District of New Jersey, the Department filed suit against International Association of Machinists Local Lodge 2339N (located in Newark, N.J.).  The lawsuit seeks to nullify the December 8, 2009 election for the office of Recording Secretary.  The complaint alleges Local Lodge 2339N improperly disqualified a nominee for recording secretary where the union took disciplinary action against the member, resulting in his permanent disqualification from holding office, without providing him a full and fair hearing.  The lawsuit follows an investigation by the OLMS New York District Office.  

On February 19, 2010, in the United States District Court for the Northern District of Indiana, Hammond Division, the Department filed suit against United Steelworkers of America Local 1014 (located in Gary, Ind.).  The lawsuit seeks to nullify the April 27, 2009 election for President, Vice-President, Recording Secretary, Treasurer, Guide, Inner Guard and two Trustee positions and seeks a new election under OLMS supervision for those officer positions.  The lawsuit alleges the union violated the Labor-Management Reporting and Disclosure Act (LMRDA) when members of the incumbent slate, or individuals who were supportive of them, conducted campaign fundraising activities while being paid by the employer.  In addition, the incumbent slate used an employer facility to assist them in such fundraising efforts.  The lawsuit follows an investigation by the OLMS Chicago District Office.

On January 26, 2010, in the United States District Court for the District of Minnesota, Fifth Division, the Department filed suit against United Steelworkers of America Local 9460 (located in Duluth, Minn.).  The lawsuit seeks to nullify the April 16, 2009 election for President, Vice-President, Guide, Inner Guard, Outer Guard, and three Trustee positions and seeks a new election under OLMS supervision for those officer positions.  The lawsuit alleges the union violated the Labor-Management Reporting and Disclosure Act (LMRDA) when it failed to provide proper notice of nominations and election to its members.  The local used an out-dated list of members rather than a current list which resulted in a significant number of members not receiving the required notice.  The lawsuit follows an investigation by the OLMS Milwaukee District Office.

 

Last Updated: 3-1-11