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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 May 7, 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 January 23, 2012, by National Association of Letter Carriers Branch 142 in Washington, D.C..

Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that Branch 142 failed to provide adequate safeguards to insure a fair election when the post office box used for the election was accessed prior to the ballot tally and ballots were removed in violation of Section 401(c) of the LMRDA.

Apprised of these findings, National Association of Letter Carriers Branch 142 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 October 23, 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 National Association of Letter Carriers Branch 142 on January 23, 2012, 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 23, 2012.

Therefore, civil action under Section 402(b) of the LMRDA to set aside the election conducted on January 23, 2012 is not warranted.

Signed this 4th 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 4, 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 4, 2012

Mr. Robert Williams, President
National Association of Letter Carriers Branch 142
6310 Chillum Place, N.W.
Washington, D.C. 20011

Dear Mr. Williams:

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 4, 2012

Mr. Fredric V. Rolando, President
National Association of Letter Carriers, AFL-CIO
100 Indiana Avenue, N.W.
Washington, D.C. 20001-2144

Dear Mr. Rolando:

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

Sincerely,



Patricia Fox
Chief, Division of Enforcement

Enclosure