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 September 3, 2013, 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 June 8, 2013, by Laborers Local 720 in Denver, Colorado.
Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that a candidate qualification to comply with the union’s hiring hall rules by requiring unemployed candidates to have a current drug card for the year prior to nominations was unreasonable and was not uniformly applied.
Apprised of these findings, Laborers Local 720 agreed to conduct new nominations and a new election for the office of recording secretary under the supervision of the Secretary of Labor, in accordance with Title IV of the LMRDA. The agreed upon remedial election was concluded on March 13, 2014 at the close of nominations when only one candidate was nominated and qualified for the recording secretary position. As a result, that recording secretary candidate was declared the winner. 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 Laborers Local 720 on June 8, 2013, but that these violations have been remedied by the election process, which was conducted in accordance with Title IV of the LMRDA, under the supervision of the Secretary of Labor, on March 13, 2014.
Therefore, civil action under Section 402(b) of the LMRDA to set aside the election conducted on June 8, 2013 is not warranted.
Signed this 8th day of May, 2014.
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
May 8, 2014
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
May 8, 2014
Mr. Larry Gray, Business Manager
Laborers Local 720
875 Elati Street
Denver, Colorado 80204
Dear Mr. Gray:
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
May 8, 2014
Mr. Terry O'Sullivan, General President
Laborers' International Union of North America
905 16th Street, N.W.
Washington, DC 20006-1765
Dear Mr. O'Sullivan:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Patricia Fox
Chief, Division of Enforcement
Enclosure