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Office of Labor-Management Standards (OLMS)

U.S. DEPARTMENT OF LABOR
OFFICE OF LABOR-MANAGEMENT STANDARDS
WASHINGTON, DC 20210
DETERMINATION

Determination of a Complaint Filed under Title IV
of the Labor-Management Reporting and Disclosure Act of 1959

On November 17, 2009, the Secretary of Labor received a complaint alleging violations of Section 401 of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), in the regularly scheduled election of officers conducted on July 21, 2009, by Service Employees Local 221 in San Diego, California.

Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that there was a lack of secrecy at the in-person voting sites and a failure to mail election notices or ballots to members not in good standing.

Apprised of these findings, Service Employees Local 221 agreed to conduct new nominations and a new election for all contested offices under the supervision of the Secretary of Labor, in accordance with Title IV of the LMRDA. The agreed upon remedial election was concluded on September 21, 2010. It is, therefore,

DETERMINED, that there is probable cause to believe that violations of Title IV of the LMRDA occurred which may have affected the outcome of the election conducted by Service Employees Local 221 on July 21, 2009, but that these violations have been remedied by the new election, conducted in accordance with Title IV of the LMRDA, under the supervision of the Secretary of Labor, on September 21, 2010.

Therefore, civil action under Section 402(b) of the LMRDA to set aside the election conducted on July 21, 2009 is not warranted.

Signed this 21st day of December, 2010.

 

Patricia Fox
Chief, Division of Enforcement

U.S. Department of Labor
Office of Labor-Management Standards
Division of Enforcement
Washington, DC 20210
(202) 693-0143 Fax: (202) 693-1343

 

 

 

 

 

 

 

December 21, 2010

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Dear ||||||||||||:

The enclosed Determination represents the Department's final disposition of the matter mentioned therein.

Sincerely,

 

Patricia Fox
Chief, Division of Enforcement

Enclosure


U.S. Department of Labor
Office of Labor-Management Standards
Division of Enforcement
Washington, DC 20210
(202) 693-0143 Fax: (202) 693-1343

 

 

 

 

 

 

 

December 21, 2010

Mr. Eric Banks, President
Service Employees Local 221
4004 Kerny Mesa Road
San Diego, California 92111

Dear Mr. Banks:

The enclosed Determination represents the Department's final disposition of the matter mentioned therein.

Sincerely,

 

Patricia Fox
Chief, Division of Enforcement

Enclosure


U.S. Department of Labor
Office of Labor-Management Standards
Division of Enforcement
Washington, DC 20210
(202) 693-0143 Fax: (202) 693-1343

 

 

 

 

 

 

 

December 21, 2010

Ms. Mary Kay Henry, President
SEIU
1800 Massachusetts Avenue, NW
Washington, DC 20036

Dear Ms. Henry:

The enclosed Determination represents the Department's final disposition of the matter mentioned therein.

Sincerely,

 

Patricia Fox
Chief, Division of Enforcement

Enclosure

U.S. Department of Labor
Office of Labor-Management Standards
Division of Enforcement
Washington, DC 20210
(202) 693-0143 Fax: (202) 693-1343

 

 

 

 

 

 

December 21, 2010

||||||||||||||||
|||||||||||||
||||||||||||||||||

Dear ||||||||||||:

The enclosed Determination represents the Department's final disposition of the matter mentioned therein.

Sincerely,

 

Patricia Fox
Chief, Division of Enforcement

Enclosure