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Office of Labor-Management Standards (OLMS)

A/S NO. 97-02

UNITED STATES DEPARTMENT OF LABOR
BEFORE THE DEPUTY ASSISTANT SECRETARY

IN THE MATTER OF

JOSEPH P. SINKIEWICZ

COMPLAINANT

NATIONAL ASSOCIAnON OF GOVERNMENT
EMPLOYEES, a/w SERVICE EMPLOYEES
INTERNATIONAL UNION, APL-CIO

AND

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, a/w SERVICE EMPLOYEES
INTERNATIONAL UNION, AFI,CIO

LOCAL 1-25

CASE NO:

RESPONDENTS

DECISION AND ORDER

This proceeding arose under the standards of conduct provisions of the Civil Service Reform Act of 1978, 5 U.S.C. 1720 (CSRA), and the implementing regulations, 29 CFR Parts 457-459, as a result of a complaint alleging violations of 29 CFR 458.2(a)(2), 458.37, and 458.2(a)(5). On August 23, 1996 the respondent filed a Motion Dismiss asserting that CSRA jursidiction does not exist in this matter. Lack of jurisdiction is based on Assistant Secretary ruling A/S AW No. 96-2 which concluded that when both the Labor-Management Reporting and Disclosure Act of 1959, as amended (LMRDA), and the SCRA are applicable to a labor orgainzation, the LMRDA jursidiction prevails. Respondents's motion contains an affidavit from National Association of Government Employees Chief Counsel Joseph G. Donnrllan stating that the national union represents private sector employees (bringing it within LMRDA jursidiction). The motion also provides that "no active participation in the alleged wrongdoing is attributed to the Local."

In a proceeding on this matter before Administrative Law Judge (ALJ) Joel F. Gardiner on August 27, 1996, representatives for both the complainant and the respondent stipulated that there is no CSRA jursidiction in this matter. On September 13, 1996, ALJ Gardiner issued a Recommended Decision and Order pursusant to 29 CFR 458.91, the Recommended Decision and Order is adopted and incorporated hereto without discussion.

ORDER

IT IS HEREBY ORDERED, THAT, this case be, and it hereby is, dismissed.

Dated:

Washington, D.C.

Last Updated: 02/19/09