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Office of Labor-Management Standards (OLMS)

Statement of Reasons
Dismissing a Complaint
Concerning the Imposition of a Trusteeship
Over Local 325 of the
Laborers International Union of North America (LIUNA)
in Bloomfield, New Jersey

A member in good standing of Local 325 of the Laborers International Union of North America filed a complaint with the U.S. Department of Labor on November 17, 2011, alleging that the LIUNA violated Title III of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), 29 U.S.C. § 401, et seq., by maintaining a trusteeship upon Local 325 for more than eighteen months. Specifically, the complaint alleged that the LIUNA had been in trusteeship for over 3 years and was “bleeding the treasury dry” through the trusteeship. For the following reasons, the complaint is dismissed.

The investigation revealed that LIUNA entered into a Voluntary Supervision Agreement (VSA) with Local 325 on February 14, 2008. LIUNA then imposed a trusteeship on Local 325 on September 7, 2010. The VSA amounted to a trusteeship under the LMRDA. Further, even if it did not, the eighteen month period of presumed validity of the LIUNA named trusteeship expired on March 7, 2012.

However, in October 2011, the Local 325 trustee recommended to the LIUNA General Executive Board (GEB) that nine LIUNA locals in New Jersey, including Local 325, be merged to form two locals, one covering northern New Jersey and one covering southern New Jersey. LIUNA conducted a special hearing on December 15, 2011, pursuant to the LIUNA constitution, regarding the proposed reorganization. On January 26, 2012, the GEB voted unanimously to adopt the recommendation of the hearing panel to merge the nine locals. In April 2012, LIUNA filed a Terminal Trusteeship Report with the Department regarding Local 325 indicating that Local 325 had ceased operations and that Local 325 and other locals had been merged to form a new Local 3.

Because the trusteeship has been lifted and the merger completed, the validity of the continuing trusteeship over Local 325 is moot. Accordingly, we are closing the Department’s file on this matter.


U.S. Department of Labor

Office of Labor-Management Standards
Division of Enforcement
Washington, DC 20210
(202) 693-0143 Fax: (202) 693-1343








October 1, 2012

Mr. Terrence M. O'Sullivan, General President
Laborers' International Union of North America 905 16th Street, NW
Washington, DC 20006-1765

Dear Mr. O'Sullivan:

This is to advise you of the disposition of a complaint filed with the Secretary of Labor alleging that violations of Title III of the Labor-Management Reporting and Disclosure Act of 1959, as amended (LMRDA), occurred with respect to the continuation of a trusteeship beyond eighteen (18) months imposed by the Laborers’ International Union of North America (LIUNA) over Local 325, Jersey City, New Jersey.

Pursuant to Sections 304 and 601 of the LMRDA, an investigation was conducted by the Office of Labor-Management Standards. After carefully reviewing the investigative findings, and after consulting with the Solicitor of Labor, we have determined that legal action is not warranted in this case. We are, therefore, closing our file as of this date.
The basis for this decision is set forth in the enclosed Statement of Reasons.


Sincerely,



Patricia Fox
Chief, Division of Enforcement

Enclosure

cc: Christopher Wilkinson, Associate Solicitor

U.S. Department of Labor

Office of Labor-Management Standards
Division of Enforcement
Washington, DC 20210
(202) 693-0143 Fax: (202) 693-1343







October 1, 2012

Business Manager
Laborers Local Union 3
19 Franklin Street
Bloomfield, NJ 07003-5709

Dear :

This is to advise you of the disposition of a complaint filed with the Secretary of Labor alleging that violations of Title III of the Labor-Management Reporting and Disclosure Act of 1959, as amended (LMRDA), occurred with respect to the continuation of a trusteeship beyond eighteen (18) months imposed by the Laborers’ International Union of North America (LIUNA) over Local 325, Jersey City, New Jersey.

Pursuant to Sections 304 and 601 of the LMRDA, an investigation was conducted by the Office of Labor-Management Standards. After carefully reviewing the investigative findings, and after consulting with the Solicitor of Labor, we have determined that legal action is not warranted in this case. We are, therefore, closing our file as of this date.
The basis for this decision is set forth in the enclosed Statement of Reasons.


Sincerely,



Patricia Fox
Chief, Division of Enforcement

Enclosure

cc: Christopher Wilkinson, Associate Solicitor

U.S. Department of Labor

Office of Labor-Management Standards
Division of Enforcement
Washington, DC 20210
(202) 693-0143 Fax: (202) 693-1343







October 1, 2012



Dear

This is to advise you of the disposition of your complaint filed with the Secretary of Labor alleging that violations of Title III of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), occurred with respect to your allegation of a trusteeship being maintained more than eighteen (18) months by the Laborers’ International Union of North America (LIUNA), over Local 325, Bloomfield, New Jersey.

Pursuant to Sections 304 and 601 of the LMRDA, an investigation was conducted by the Office of Labor-Management Standards. After carefully reviewing the investigative findings, and after consulting with the Solicitor of Labor, we have determined that legal action is not warranted in this case. We are, therefore, closing our file as of this date.
The basis for this decision is set forth in the enclosed Statement of Reasons.


Sincerely,



Patricia Fox
Chief, Division of Enforcement

Enclosure

cc: Christopher Wilkinson, Associate Solicitor