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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 16, 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 July 31, 2010, by United Government Security Officers of America (UGSOA) Local 289 in Detroit, Michigan.

Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that the local did not mail election notices to members’ last known home address and that the failure to use secret ballot envelopes with absentee ballots violated secrecy.

Apprised of these findings, UGSOA Local 289 agreed to conduct new nominations and a new election for president, vice president and two trustees under the supervision of the Secretary of Labor, in accordance with Title IV of the LMRDA. The agreed upon remedial election was concluded on April 4, 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 United Government Security Officers of America (UGSOA) Local 289 on July 31, 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 April 4, 2011.

Therefore, civil action under Section 402(b) of the LMRDA to set aside the election conducted on July 31, 2010 is not warranted.

Signed this 6th day of May, 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
May 6, 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
May 6, 2011
Mr. John Evans, President
United Government Security Officers of America (UGSOA) Local 289

4004 Carter Street
Detroit, Michigan 48204
Dear Mr. Evans:
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
May 6, 2011
Ms. Desiree Sullivan, International President
UGSOA

8620 Wolff Court, Suite 210
Westminster, Colorado 80031
Dear Ms. Sullivan:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.

Sincerely,

Patricia Fox
Chief, Division of Enforcement

Enclosure