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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 March 19, 2012, 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 November 20, 2011, by Graphic Communications Local 137 in Shavertown, Pennsylvania.

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 an election notice to members’ last known home addresses; voter secrecy was compromised; there was no list of eligible members on election day and no requirement for identification; ballots were printed on the Election Chairperson’s home computer without observers; there was no accounting for ballots printed; and the election committee was not selected in accordance with the local by-laws.

Apprised of these findings, Graphic Communications Local 137-C agreed to conduct new nominations and 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 October 21, 2012. 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 Graphic Communications Local 137 on November 20, 2011, 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 October 21, 2012.

Therefore, civil action under Section 402(b) of the LMRDA to set aside the election conducted on November 20, 2011 is not warranted.

Signed this 10th day of December 2012.



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 11, 2012




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 11, 2012


Mr. John D. Brown, President
Graphic Communications Local 137
47 W. Ridge Street
Shavertown, PA 18708

Dear Mr. Brown:

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 11, 2012


Mr. George Tedeschi, GCC President
Graphic Communications Conference (GCC) (IBT)
25 Louisiana Avenue, NW
Washington, DC 20001

Dear Mr. Tedeschi:

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

Sincerely,



Patricia Fox
Chief, Division of Enforcement

Enclosure