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Office of Labor-Management Standards (OLMS)

Civil Enforcement Actions 2012

 


On October 19, 2012, in the United States District Court for the Northern District of Ohio, the Department filed suit against United Steelworkers of America Local 1104 (located in Lorain, Ohio).  The lawsuit seeks to nullify the union’s April 3, 2012 election for the offices of president, vice president, financial secretary, recording secretary, trustee, guide, inside guard, and outside guard and seeks a new election under OLMS supervision for those officer positions.  The complaint alleged that the union applied an unreasonable candidate requirement for meeting attendance which disqualified 95 percent of the union members from running for office.  The lawsuit follows an investigation by the OLMS Cleveland District Office.  

On October 19, 2012, in the United States District Court for the Central District of California, Western Division, the Department filed suit against International Brotherhood of Teamsters Local 848 (located in Covina, Calif.).  The lawsuit seeks to nullify the union’s December 1, 2011 election for president, vice president, recording secretary, secretary-treasurer, 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 the local subjected the complainant and her slate to a pre-election trial for campaign speech; failed to ensure the removal of a posted election committee decision from union bulletin boards which cast a negative view on the complainant and her slate following an international union decision reversing and voiding the penalties imposed; and by failing to adhere to voter eligibility requirements set forth in the union’s constitution and bylaws resulting in ineligible members being permitted to vote.  The lawsuit follows an investigation by the OLMS Los Angeles District Office.

On October 15, 2012, in the United States District Court for the Southern District of Ohio, the Department filed suit against United Steelworkers of America Local 1190 (located in Steubenville, Ohio).  The lawsuit seeks to nullify the local’s April 17, 2012 election for the offices of president, vice president, financial secretary, recording secretary, treasurer, trustee, guide, inside Guard, and outside Guard.  The complaint alleged that Local 1190’s requirement that candidates attend one third of the local’s membership meetings in the two years prior to the election was unreasonable in that it disqualified 96 percent of the local’s members.  In addition, the complaint alleged the requirement was improperly applied to disqualify a nominee who met the requirement.  The lawsuit follows an investigation by the OLMS Cleveland District Office.

On August 2, 2012, in the United States District Court for the District of New Mexico, the Department filed suit against International Brotherhood of Electrical Workers (IBEW) Local 611 (located in Albuquerque, N.M.).  The lawsuit seeks to nullify the local’s September 6, 2011 election for the offices of business manager/financial secretary, president, vice president, recording secretary, treasurer, and the executive board.  The complaint alleges that one group of candidates used employer email to campaign while other candidates requested but were not allowed to make similar use of this employer resource, in violation of Sections 401(c) and (g) of the LMRDA.  The lawsuit follows an investigation by the OLMS Denver District Office.  

On July 11, 2012, two Stipulations of Settlement were filed in the United States District Court for the Eastern District of California to resolve two separate lawsuits that the Department filed against the National Emergency Medical Services Association (NEMSA) in 2011.  The first Stipulation of Settlement provides that the Department will supervise nominations and a new election for president prior to November 30, 2012.  The lawsuit was filed after an OLMS investigation determined that NEMSA denied a member in good standing his right to be a candidate and run for office, and further refused the same member his right to hold office after he was duly elected president by receiving the most votes, by write-in votes, in the union’s July 12, 2010 election.  The second Stipulation of Settlement provides that the Department will supervise nominations and an election for vice president, treasurer, and five regional director positions prior to November 30, 2012.  This lawsuit was filed after an OLMS investigation determined that NEMSA failed to allow members to elect their union officers at least once every three years as required by Sections 401(b) and 401(e) of the LMRDA.  The lawsuits follow investigations by the OLMS San Francisco Office.  

On April 13, 2012, in the United States District Court for the Northern District of Ohio, the Department filed suit against the Postal Police Officers Association (located in Willowick, Ohio).  The lawsuit seeks to nullify the July 29, 2011 election for president and first vice president and seeks a new election for those officer positions under OLMS supervision.  The complaint alleges that the union violated Sections 401(c) and 401(g) of the LMRDA when a union official used a union list of members’ email addresses to transmit a campaign statement to approximately 80 members.  The lawsuit follows an investigation by the OLMS Washington District Office.  

In February 2012, a stipulation of settlement was filed to resolve the Department’s March 2011 lawsuit against the Union General De Trabajadores in Rio Piedras, Puerto Rico.  The stipulation of settlement provided that the Department would supervise the union’s nomination and election of all officers no later than January 31, 2013.  The lawsuit filed in the U.S. District Court for the District of Puerto Rico sought to set aside the union’s January 2010 election because the investigation established that employer funds were used to promote the winning slate in that an employer provided the winning slate with advertising and design services without being paid until after the investigation.  OLMS supervised in-person polling for the 15,000-member union at four polling centers on one day with the tally conducted the following day in January 2013. 

 

Last Updated: 6.25.14