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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 Filed under Title IV of the Labor-Management Reporting and Disclosure Act of 1959


On February 23, 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 October 14, 2011, by National Postal Mail Handlers Local 303 in Los Angeles, California.

Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that the local allowed two ineligible candidates to run for office.

Apprised of these findings, National Postal Mail Handlers Local 303 agreed to conduct a new election of officers for Local 303 Vice President and Branch President, Los Angeles PD&C under the supervision of the Chief of the Division of Enforcement, in accordance with Title IV of the LMRDA. The agreed upon remedial election was concluded on July 6, 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 Postal Mail Handlers Local 303 on October 14, 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 Chief, Division of Enforcement, OLMS, on July 6, 2012.

Therefore, enforcement proceedings under Section 402(b) of the LMRDA to set aside the election conducted on October 14, 2011 are 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. Eddie Cowan, President
National Postal Mail Handlers Local 303
11139 S. Western Avenue
Los Angeles, California 90047

Dear Mr. Cowan:

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. John F. Hegarty, National President
National Postal Mail Handlers Union
1101 Connecticut Avenue NW, Suite 500 Washington, DC 20036

Dear Mr. Hegarty:

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

Sincerely,



Patricia Fox
Chief, Division of Enforcement

Enclosure