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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 June 25, 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 September 20, 2011, by Service Employees Local 2007 in Stanford, California.

Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that a member in good standing was denied the right to be a candidate when it imposed an unreasonable candidacy requirement requiring continuous good standing for more than two years prior to nominations. The disqualification also violated the union’s constitution and bylaws.

Apprised of these findings, Service Employees Local 2007 agreed to conduct nominations and an election for president, vice president, secretary, treasurer and executive board delegates under the supervision of the Secretary of Labor, in accordance with Title IV of the LMRDA. The agreed upon remedial election was concluded on February 28, 2013. 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 Service Employees Local 2007 on September 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 February 28, 2013.

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

Signed this 9th day of April, 2013.



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











April 9, 2013

 


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










April 9, 2013

Mr. Paul Regalado, President
Service Employees Local 2007
466 Via Ortega Drive Building E (Chicano Research)
Stanford, California 94305

Dear Mr. Regalado:

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










April 9, 2013

Ms. Mary Kay Henry, International President
SEIU
1800 Massachusetts Avenue, NW
Washington, DC 20036

Dear Ms. Henry:

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

Sincerely,



Patricia Fox
Chief, Division of Enforcement

Enclosure