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2022 Civil Enforcement Actions


On June 10, 2022, in the United States District Court for the Eastern District of Pennsylvania, a settlement was reached between International Brotherhood of Electrical Workers (IBEW) Local 98 and the Department of Labor. The settlement agreement requires IBEW Local 98 to conduct its next regularly scheduled officer election under OLMS supervision. This settlement agreement followed a civil suit filed by the Secretary of Labor following an OLMS investigation. The suit alleged that during Local 98’s June 2020 officer election, the local deprived members of their right to nominate, be nominated, and vote or otherwise support candidates of their choice without penalty, discipline, or improper interference or reprisal. The settlement agreement follows an investigation by the OLMS Philadelphia-Pittsburgh District Office.

On May 27, 2022, in the United States District Court for the Southern District of Florida, the Department filed suit against Transport Workers Union (TWU) Local 568 (located in Miami, Fla.), concerning its December 15, 2021, election of officers. The OLMS investigation determined that Local 568 improperly disqualified a member in good standing from candidacy for the office of president based on discipline imposed without providing the member with written specific charges or a full and fair hearing as required by Section 101(a)(5) of the LMRDA. The suit follows an investigation by the OLMS Atlanta-Nashville District Office.

On March 28, 2022, in the United States District Court for the Eastern District of Pennsylvania, the Department filed suit against American Postal Workers Union (APWU) Local 2233 (located in Plymouth Meeting, Pa.). The lawsuit seeks to nullify the local’s September 26, 2021, election for the office of president. The complaint alleges the local improperly disqualified a member in good standing as a candidate for president solely because he did not circle the word “accept” on his self-nomination form, which the member otherwise fully completed and in which he plainly manifested his intent to accept his nomination. The lawsuit follows an investigation by the OLMS Philadelphia-Pittsburgh District Office.

On March 16, 2022, in the United States District Court for the Central District of California, the Department filed suit against International Union of Elevator Constructors (IUEC) Local 18 (located in Glendora, Calif.), seeking to nullify the union officer election held on June 30, 2021. The lawsuit seeks an order requiring Local 18 to conduct a new election for the offices of business manager, trustee, and executive board members (3), under the Secretary’s supervision. The complaint alleges that Local 18 violated Title IV of the LMRDA when, after issuing a second ballot package eight days after the first, it failed to provide sufficient voting instructions to members, and failed to provide clear, timely notice that members who had already voted the first ballot were required to vote the revised ballot in order to have their vote counted. As a result, at least 135 members who only voted the first ballot were denied the right to vote when their ballots were not counted. The lawsuit follows an investigation by the OLMS Los Angeles District Office.

On February 7, 2022, in the United States District Court for the Eastern District of Virginia, the Department filed suit against International Longshoremen’s Association (ILA) Local 1970 (located in Norfolk, Va.) seeking to nullify the union’s December 2020 officer election. The lawsuit seeks an order requiring Local 1970 to conduct a new election with new nominations under the Secretary’s supervision. The complaint alleges that Local 1970 violated Title IV of the LMRDA when it denied a member the right to be a candidate when, without notice to the members, it applied a candidate eligibility requirement in its bylaws that had not been enforced in previous elections. The lawsuit follows an investigation by the OLMS Washington District Office.

On January 26, 2022, the United States Department of Labor’s Office of Administrative Law Judges granted OLMS’ unopposed motion for summary judgment against American Federation of Government Employees (AFGE) Local 96 (located in St. Louis, Mo.) under the Civil Service Reform Act of 1978 (CSRA), Title IV of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), and the Standards of Conduct of the Code of Federal Regulations. The lawsuit sought to nullify the local’s June 18, 2020 election of officers. The Office of Administrative Law Judges ruled that the local failed to elect the winning candidate by a majority of votes cast, as required by the AFGE Constitution. During the election, Local 96 failed to hold a runoff between the two remaining candidates after a third candidate was declared ineligible and no candidate received a majority of the votes cast. The Office of Administrative Law Judges also ruled that the remedial election, which was conducted under the supervision of OLMS pursuant to a voluntary compliance agreement with Local 96, was tainted by a violation of the LMRDA. In the remedial election, OLMS found that one candidate’s campaign materials were created with funds from a local employer, in violation of 29 U.S.C. 401(g). The court ordered a new election for the office of president be completed under the supervision of the OLMS, no later than 120 days from the date of the order. The lawsuit follows an investigation by the OLMS Denver-St. Louis District Office.

 

 

Last Updated: 6-16-22