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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 August 3, 2010, 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 June 1, 2010, by Electrical Workers Local 617 in San Mateo, California.

Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that Local 617 failed to maintain ballot secrecy for voted ballots placed in the ballot box by voters who did not tear off the ballot number. The union also allowed incumbent officers to campaign to members using telephone numbers they acquired as union officials.

Apprised of these findings, Electrical Workers Local 617 agreed to conduct a new election of officers under the supervision of the Secretary of Labor, in accordance with Title IV of the LMRDA. The agreed upon remedial election was concluded on December 14, 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 Electrical Workers Local 617 on June 1, 2010, 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 December 14, 2010.

Therefore, civil action under Section 402(b) of the LMRDA to set aside the election conducted on June 1, 2010 is not warranted.

Signed this 14th day of January, 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

 

 

 

 

 

 

 

January 20, 2011

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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

 

 

 

 

 

 

 

January 20, 2011

Mr. Dominic Nolan, Business Manager
Electrical Workers Local 617
1701 Leslie Street
San Mateo, California

Dear Mr. Nolan:

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

 

 

 

 

 

 

 

January 20, 2011

Edwin D. Hill, International President
International Brotherhood of Electrical Workers
900 Seventh Street, N.W.
Washington, DC 20001

Dear Mr. Hill:

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

Sincerely,

 

Patricia Fox
Chief, Division of Enforcement

Enclosure