Office of Labor-Management Standards (OLMS)
Voluntary Compliance Agreements 2013
On May 9, 2013, the Department entered into a voluntary compliance agreement with Machinists Local Lodge 1976 (located in Moon Township, Pa.), concerning its December 5, 2012 election of officers. Local Lodge 1976 agreed to conduct a new election for president, vice president, recording secretary, grievance committee chair, two grievance committee positions and two trustees under OLMS supervision on or before October 31, 2013. The OLMS investigation of the challenged election established that employer equipment and supplies were used to produce campaign literature that promoted the incumbent slate of officers in violation of section 401(g) of the LMRDA. The agreement follows an investigation by the OLMS Pittsburgh District Office.
On April 18, 2013, the Department entered into a voluntary compliance agreement with International Longshore and Warehouse Union (ILWU) Local 142 (located in Honolulu, Hawaii), concerning a challenged election held in November 2012. Local 142 agreed to conduct a new election and installation for the office of Kauai Division Business Agent on or before September 30, 2013. The OLMS investigation established that a candidate for business agent campaigned on company time and property, and inappropriately used company bulletin boards for campaign purposes. The agreement follows an investigation by the OLMS Honolulu Resident Investigator Office.
On April 1, 2013, the Department entered into a voluntary compliance agreement with the International Association of Fire Fighters (IAFF) (located in Washington, D.C.), concerning its July 26, 2012 election of officers. The IAFF agreed to conduct a new election for District 5 Vice President under OLMS supervision before August 15, 2013. The OLMS investigation of the challenged election disclosed that some locals in District 5 failed to elect delegates and proxies by secret ballot or without proper nomination or election notice in violation of Sections 401(a) and 401(e) of the LMRDA. The agreement follows an investigation by the OLMS Washington District Office.
On March 18, 2013, the Department entered into a voluntary compliance agreement with Fraternal Order of Police (FOP) Amtrak Police Lodge 189 (located in New York, N.Y.), concerning the lodge’s failure to hold an election in October 2012. The union agreed to hold an election for all offices. The OLMS investigation found that Lodge 189 failed to hold a regularly scheduled election of officers in violation of its bylaws and in violation of Sections 401(b) and 401(e) of the LMRDA. The lodge’s last officer election was in October 2009. The agreement follows an investigation by the OLMS New York District Office.
On March 18, 2013, the Department entered into a voluntary compliance agreement with United Steelworkers Local 689 (located in Piketon, Ohio) concerning a challenged election held in April 2012. Local 689 agreed to hold a new election for the office of president. The OLMS investigation concluded that Local 689 failed to notify the membership of the availability of absentee ballots. The agreement follows an investigation by the OLMS Cincinnati District Office.
On March 15, 2013, the Department entered into a voluntary compliance agreement with Association of Western Pulp and Paper Workers Local 5 (located in Camas, Wash.) concerning a challenged election held in December 2012. Local 5 agreed to rerun the runoff election for finance officer and install six candidates who won office in the original election. The OLMS investigation concluded that Local 5 violated its constitution and bylaws by failing to set up polls at a worksite where its members are employed. In addition, Local 5 disqualified six winning candidates by enforcing an unreasonable meeting attendance requirement after completion of the election. The investigation established that the meeting attendance requirement was unreasonable because it disqualified approximately 95 percent of the members from running for elected office. The agreement follows an investigation by the OLMS Seattle District Office.
On February 27, 2013, OLMS entered into a voluntary compliance agreement concerning the challenged election of officers conducted by American Federation of Government Employees (AFGE) Local 2274 (located in Saginaw, Mich.), on July 18, 2012. The agreement provides that Local 2274 will conduct new nominations and a new election, under OLMS supervision, for the offices of president, first vice president, and chief steward. The OLMS investigation of the challenged election disclosed that Local 2274 failed to do the following: comply with a reasonable request to distribute campaign literature; treat candidates equally with respect to campaign literature distribution; elect officers by secret ballot when candidates in the election collected ballots at a work site; provide adequate safeguards; properly count the ballots; and maintain election records. The agreement follows an investigation by the OLMS Detroit District Office.
On February 26, 2013, OLMS entered into a voluntary compliance agreement with American Federation of Government Employees (AFGE) Local 607 (located in Elkton, Ohio), to conduct a new election for president under OLMS supervision on or before May 8, 2013. The investigation established that AFGE Local 607 improperly disqualified an otherwise qualified member from running for president because he was also a member of a Fraternal Order of Police (FOP) local lodge. Although the AFGE Constitution has long contained a provision that prohibits a member who holds membership in a labor organization not affiliated with the AFL-CIO from being qualified to run for office, the local had previously allowed members who were also FOP members to run for and hold elected office. The agreement follows an investigation by the OLMS Cleveland District Office.
On January 5, 2013, OLMS entered into a voluntary compliance agreement with Studio Teachers and Welfare Workers of the International Alliance of Theatrical Stage Employees (IATSE) Local 884 (located in Los Angeles, Calif.), to conduct an election and installation for the office of business representative under OLMS supervision no later than May 15, 2013. The investigation established that Local 884 failed to consistently apply an election rule deadline related to postmarks on voted ballots. Additionally, the union failed to ensure adequate election safeguards when the election chairperson mailed ballots without observers or other election committee members present, kept voted ballots at her home in an unsecured shoebox, and recounted the ballots and changed the winning margin in the sergeant-at-arms race without observers or other committee members present. The agreement follows an investigation by the OLMS Los Angeles District Office.
Last Updated: 4-8-13
