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Office of Labor-Management Standards
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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 2,2006, the Secretary of Labor received complaints alleging violations ofSection 401 of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), in the regularly scheduled election of officers conducted on June 3,2006, by Stage & Picture Operators Local 500 in Oakland Park, Florida.

Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that ballot secrecy was violated when voteridentification numbers were written on the inner secret ballot envelopes. Apprised of these findings, IATSE Local 500 agreed to conduct new nominations and a new election of officers under the supervision of the Secretary of Labor, in accordancewith Title IV of the LMRDA. The agreed upon remedial election was concluded on March 3,2007. 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 Stage & Picture Operators Local 500 on June 3,2006, 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 March 3,2007.

Therefore, civil action under Section 402(b) of the LMRDA to set aside the election conducted on June 3,2006 is not warranted.

Signed this 25th day of April, 2007.

Cynthia M. Downing
Chief, Division of Enforcement

Last Updated: 11/13/08

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