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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 January 12, 2011, 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 August 25, 2010, by Operating Engineers Local 310 in Green Bay, Wisconsin. Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that Local 310 failed to send an election notice to all its members.

Apprised of these findings, Operating Engineers Local 310 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 May 3, 2011. 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 Operating Engineers Local 310 on August 25, 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 May 3, 2011. Therefore, civil action under Section 402(b) of the LMRDA to set aside the election conducted on August 25, 2010 is not warranted.

Signed this 8th day of June, 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
June 8, 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
June 8, 2011

Tom Rosenberg, Business Manager
Operating Engineers Local 310

Dear Mr. Rosenberg:
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
June 8, 2011
Vincent J. Giblin, General President
International Union of Operating Engineers

1125 17th St. NW
Washington, DC 20036
Dear Mr. Giblin:
The enclosed Determination represents the Department's final disposition of the matter
mentioned therein.

Sincerely,

Patricia Fox
Chief, Division of Enforcement

Enclosure