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


On October 20 and 24, 2011, the Secretary of Labor received complaints 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 June 16, 2011, by ILA Local 1969 in Portage, Indiana.

Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that the union applied a candidate qualification retroactively and in a non-uniform manner which affected the offices of President, Business Agent, and three Auditor positions.

Apprised of these findings, ILA Local 1969 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 April 2, 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 ILA Local 1969 on June 16, 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 April 2, 2012.

Therefore, civil action under Section 402(b) of the LMRDA to set aside the election conducted on June 16, 2011 is not warranted.

Signed this 10th day of July, 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











July 10, 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











July 10, 2012

President
ILA Local 1969
6031 Melton Road US Highway 20
Portage, Indiana 46368

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



July 10, 2012

Mr. Harold Daggett, President
ILA
5000 West Side Avenue
North Bergen, New Jersey 07047

Dear Mr. Daggett:

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



July 10, 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



July 10, 2012



Dear

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

Sincerely,



Patricia Fox
Chief, Division of Enforcement

Enclosure