Skip to page content
Office of Labor-Management Standards
Bookmark and Share

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 Section 458.63 of the Assistant Secretary’s Standards of Conduct Regulations (29 CFR 458.63) Issued pursuant to Section 7120(d) of the Civil Service Reform Act of 1978 (5 U.S.C. 7120(d))

On March 10, 2010, the Secretary of Labor received a complaint alleging violations of Section 458.29 of the Rules and Regulations of the Assistant Secretary issued pursuant to Section 7120(d) of the Civil Service Reform Act of 1978 (CSRA), in the runoff election for local president conducted on December 11, 2009, by American Federation of Government Employees (AFGE) Local 2052 in Petersburg, Virginia.

Pursuant to Section 458.50 of the Rules and Regulations, the Chief of the Division of Enforcement of the Office of Labor Management Standards (OLMS) caused an investigation to be conducted by the Department of Labor. The investigation disclosed that the conduct of the challenged election may have violated Section 458.29 of the Rules and Regulations in that the Local 2052 Election Committee did not have proper safeguards in place concerning absentee ballot procedures.

Apprised of these findings, the AFGE National Union agreed to conduct new nominations and a new election for the office of president for Local 2052 under the supervision of the Chief of the Division of Enforcement, in accordance with Section 458.29 of the Rules and Regulations of the Assistant Secretary. The agreed upon remedial election was concluded on January 12, 2011. It is, therefore,

DETERMINED, that there is probable cause to believe that violations of Section 458.29 of the Rules and Regulations occurred which may have affected the outcome of the election conducted by American Federation of Government Employees (AFGE) Local 2052 on December 11, 2009, but that these violations have been remedied by the new election, conducted in accordance with Section 458.29, under the supervision of the Chief, Division of Enforcement, OLMS, on January 12, 2011.

 

 

Therefore, enforcement proceedings under Section 458.66 of the Rules and Regulations of the Assistant Secretary to set aside the election conducted on December 11, 2009 are not warranted.

Signed this 10th day of February, 2011.

 

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

 

 

 

 

 

February 10, 2011

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

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

 

 

 

 

 

 

February 10, 2011

Mr. Paul E. Dunston, President
American Federation of Government Employees (AFGE) Local 2052
P.O. Box 1880
Petersburg, Virginia 23805

Dear Mr. Dunston:

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

 

 

 

 

February 10, 2011

Mr. John Gage, National President
AFGE National Union
80 F Street, NW
Washington, D.C. 20001

Dear Mr. Gage:

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

 

Patricia Fox
Chief, Division of Enforcement

Enclosure