On December 17, 2009, in the United States District Court for the District of Maryland, the Department filed suit against United Steelworkers of America Local 9477 (located in Baltimore, Md.). The lawsuit seeks to nullify the April 20, 2009, election for President, Vice President, Financial Secretary, Treasurer, Outside Guard, Inside Guard, two Trustees, and four Grievance Committee Member positions and seeks a new election, under OLMS supervision, for those officer positions. The lawsuit alleges the union violated the Labor Management Reporting and Disclosure Act (LMRDA) when it denied a member in good standing his right to vote for the Zone 6 Grievance Committee Member. The complaint further alleges the union violated the LMRDA when persons used employer equipment, namely fax machines, copiers, and the email system, to campaign for candidates on the incumbent slate. The lawsuit follows an investigation by the OLMS Washington District Office.
On December 14, 2009, the United States District Court for the Northern District of Illinois approved a stipulation of settlement between the Department of Labor and Local 150 of the International Union of Operating Engineers. The stipulation resolves the Department’s September 29, 2008 lawsuit against the local regarding its 2007 election of officers. The lawsuit was filed after an investigation by the OLMS Chicago District Office found that union and employer funds were used to promote candidates for office. The settlement provides that the Department will supervise Local 150’s election in August 2010.
On December 8, 2009, the Department entered a Consent Decree and Order with International Brotherhood of Teamsters (IBT) Local 886 (located in Oklahoma City, Okla.), concerning the challenged election conducted of officers conducted on October 9, 2007. The parties agreed that OLMS will supervise the election of officers in the local. The OLMS investigation found that the union violated the Labor Management Reporting and Disclosure Act when it denied members in good standing their right to vote, permitted ineligible persons to vote, and failed to allow candidate observers to view portions of the election process. The settlement follows an investigation by the OLMS Dallas District Office.
On October 22, 2009, the Department entered a Consent Decree and Order with the Transport Workers Union, Local 568 (located in Miami, Fla.), concerning the challenged election of officers conducted on December 16, 2008. The parties agreed that the Department of Labor will supervise the local’s election for all offices, including new nominations. The OLMS investigation of the challenged election found that the union denied members the right to be candidates because of a meeting attendance requirement that resulted in over 95 percent of the members being ineligible to run for office. The settlement follows an investigation by the OLMS Miami Resident Investigator Office.
On September 16, 2009, the Department entered a Consent Decree and Order with the International Brotherhood of Electrical Workers Local 861 (located in Lake Charles, La.) concerning the challenged election of officers conducted on June 4, 2007. The parties agreed that the Department of Labor will supervise the local’s election for all offices, including new nominations. The OLMS investigation of the challenged election found that the union failed to timely honor the request of a candidate to distribute campaign literature and members used employer resources to campaign. The settlement follows an investigation by the OLMS Houston Resident Investigator Office.
On May 11, 2009, in the United States District Court for Northern California, the Department filed suit against the Service Employees International Union Local 87 (located in San Francisco, Calif.). The lawsuit seeks to nullify May 30, 2008 rerun of the Executive Board officer elections conducted in September 2007, and hold new nominations and an election for ten executive board positions. The complaint alleges that Local 87 failed to uniformly apply its continuous good standing candidate qualification to all Executive Board nominees. The suit follows an investigation by the OLMS San Francisco Office.
On April 7, 2009, in the United States District Court for the District of Puerto Rico, the Department filed suit against Teamsters Local 901(located in San Juan, P.R.). The lawsuit seeks to void the October 4, 2008 election for President, Vice President, and three Trustees, and obtain a new election under the supervision of the Department of Labor. The lawsuit alleges that union failed to provide adequate safeguards during the election when polling sites and polling hours were not published or provided to candidates and members in a timely manner, incumbent candidates developed and had access to polling information before it was provided to insurgent candidates, at some polling sites the election was not conducted at the scheduled times, observers from one slate and a member were allowed to have sole custody of blank ballots and ballot boxes, and a complainant’s observer was denied access to a polling site. The lawsuit follows an investigation by the OLMS Puerto Rico Resident Investigator Office.
On March 2, 2009, in the United States District Court for the Southern District of Florida, the Department filed suit against Transport Workers Local 568 (located in Miami Springs, Fla.). The lawsuit seeks to nullify the December 16, 2008, election of officers and seeks a new election, under OLMS supervision, for all officer positions. The suit alleges the union violated the election requirements of the Labor-Management Reporting and Disclosure Act when it denied members in good standing their right to nominate and run for office by imposing an unreasonable meeting attendance requirement on candidates for office. The lawsuit follows an investigation by the OLMS Atlanta District Office.
On February 13, 2009, in the United States District Court for the District of Columbia, the Department filed suit against the Communication Workers of America (CWA) (located in Washington, D.C.). The lawsuit seeks to set aside the June 23, 2008, election for the offices of District 1 Vice President, District 3 Vice President, District 7 Vice President, and District 9 Vice President and seeks a new election for those offices under OLMS supervision. The complaint alleges that CWA violated the LMRDA when it failed to conduct its election in accordance with its Constitution which requires the election to be conducted by secret ballot vote at a convention of delegates. The complaint also alleges that CWA failed to provide adequate safeguards to insure a fair election when the union provided ballots that were not secret and when observers were unable to observe the counting of ballots.
On February 9, 2009, the United States District Court for the Eastern District of New York approved a stipulation of settlement between the Department of Labor and Local 3 of the Bakery Workers (located in Long Island City, N.Y.). The stipulation settles a lawsuit that the Department filed against Local 3 seeking to void the August 29, 2008 rerun election, supervised by OLMS, for the offices of two union-wide Business Agent positions. Local 3 eliminated the Business Agent position that represented employees at Entenmann's Bakery thereby, according to OLMS’ investigative findings, denying Entenmann's members the opportunity to run for and vote for any business agent position. Local 3 agreed to hold a new election, under OLMS supervision, for the two union-wide business agent positions.
2008
On November 24, 2008, the Department filed a complaint with its administrative law judges against the United States Park Police Labor Committee (located in Washington, D.C.). The complaint seeks to void the October 25, 2007 election for the offices of Chairman, Vice Chairman, Executive Chief Steward for the District of Columbia, and Executive Chief Steward for New York and to conduct a new election, under OLMS supervision, for those positions. The complaint alleges that the union failed to mail an election notice to its members at their last known home address and failed to hold a secret ballot election. The complaint follows an investigation by the OLMS Washington District Office.
On October 17, 2008, in the United States District Court for the Central District of California, the Department filed suit against Service Employees International Union Local 6434 (located in Los Angeles, Calif.). The lawsuit seeks to void the March 12, 2008 election of officers. The complaint alleges that the union failed to provide a reasonable opportunity for the nomination of candidates by imposing an unreasonable petition requirement on potential nominees. Also, the union inaccurately notified the membership that this requirement applied to all offices despite the fact that some offices required a lower number of signatures. The union’s nomination notice provided that in order to run for office nominees were required to collect 4,858 signatures. All 82 offices were uncontested. The lawsuit follows an investigation by the OLMS Los Angeles Office.
On September 29, 2008, in the United States District Court for the Northern District of Illinois, the Department filed suit against International Union of Operating Engineers Local 150 (located in Countryside, Illinois). The lawsuit seeks to void the August 25, 2007 election for vice president, recording-corresponding secretary, financial secretary, treasurer, executive board District 1, executive board District 3 and executive board District 8. The complaint alleges that the incumbent president’s slate did not pay for employer services at a campaign rally and used union funds for campaign mailings. The lawsuit follows an investigation by the OLMS Chicago Office.
On August 29, 2008, in the United States District Court for the Western District of Oklahoma, the Department filed suit against Teamsters Local 886 (located in Oklahoma City, Okla.). The lawsuit seeks to nullify the October 9, 2007, election for secretary-treasurer and one trustee and seeks a new election for those officer positions under OLMS supervision. The complaint alleges that the union denied members in good standing their right to vote, permitted ineligible persons to vote and failed to allow candidate observers to view portions of the election process. The lawsuit follows an investigation by the OLMS Dallas District Office.
On August 11, 2008, in the United States District Court for the District of Columbia, the Department filed suit against the American Federation of Government Employees (AFGE) (located in Washington, D.C.). The lawsuit seeks to void the May 17, 2008 election for District 2 AFGE National Vice President and have a new election, under OLMS supervision, for that position. The suit alleges that the union denied a member in good standing the right to run for office. The lawsuit follows an investigation by the OLMS Washington District Office.
On April 25, 2008, in the United States District Court for the Eastern District of Pennsylvania, the Department filed suit against Transport Workers Union, Local 234 (located in Philadelphia, Pa.). The lawsuit seeks to nullify the September 27, 2007 election for the offices of president, executive vice president, three vice presidents, financial-secretary, recording secretary, and seven executive board members. The complaint alleges Local 234 improperly disqualified an entire slate of candidates after one member of that slate was disqualified for inadvertently accepting nominations for two different offices. The lawsuit follows an investigation by the OLMS Philadelphia District Office.
On March 10, 2008, in the United States District Court for the Eastern District of New York, the Department entered into a stipulation and order of settlement with Communications Workers of America Local 1104 in New York, New York, concerning the challenged election of officers conducted on October 21, 2005. The parties agreed that the Department of Labor will supervise the local’s next regularly scheduled election for the offices of president, secretary-treasurer, executive vice president of the Education Services Division, executive vice president of the Operator Services Division and executive vice president of the Telecommunications Division. The election will be held in October 2008. An OLMS investigation revealed that the union’s nomination petition requirement was not in accordance with the LMRDA. The order follows an investigation by the OLMS New York District Office.
On January 4, 2008, in the United States District Court for the Northern District of Texas, the Department filed suit against American Postal Workers Union, Local 732, located in Dallas, Texas. The lawsuit seeks to nullify the May 17, 2007, election for the offices of president, vice president, sergeant-at-arms, human relations director, one trustee, and several delegate positions, and seeks a new election for those positions under OLMS supervision. The complaint alleges candidates on the incumbent slate used a different and better mailing list to mail their campaign literature to members than the mailing list provided to other candidates. Specifically, the complaint alleges that the local violated sections 401(c) and 401(g) of the Act which prohibit, respectively, discrimination in the use of union mailing lists and the use of union funds in union officer elections. The lawsuit follows an investigation by the OLMS Dallas District Office.
2007
On July 30, 2007, the United States District Court for the Eastern District of California approved the stipulation of settlement between the Department of Labor and Local 30 of the International Longshore and Warehouse Union. The settlement is the result of the Department’s November 21, 2006 complaint filed against the local challenging its May 2006 election for president. The parties have agreed that the Department of Labor will supervise the election for president in May 2008, in conjunction with the local’s regularly scheduled election. An OLMS investigation revealed that the union failed to properly secure ballots and maintain adequate records. The settlement follows an investigation by the OLMS Los Angeles District Office.
On July 20, 2007, in the United States District Court for the Eastern District of Virginia, the Department filed suit against NALC Branch 4798. The lawsuit seeks to nullify the December 5, 2006 election for the offices of president, vice president, recording secretary, and trustee. The complaint alleges Branch 4798 failed to mail an election notice to all members at their last known home address and failed to conduct its election in accordance with its Constitution and Bylaws when it failed to publish the nomination and election notices in the NALC Postal Record. In addition, the complaint alleges that the Branch counted certain ballots after the December 5th tally, counted ballots returned in envelopes without identifying information necessary to verify that the voter was eligible to vote, and failed to provide proper voting instructions on the ballot where the ballot instructed the voter to vote for two candidates rather than three candidates for the trustee position. The lawsuit follows an investigation by the Washington District Office.
On May 7, 2007, the United States District Court for the Western District of Michigan approved a settlement between the Department of Labor and United Food and Commercial Workers Local 951, based in Grand Rapids. The settlement resolves a lawsuit filed by the Department regarding Local 951's September 7, 2004 election of officers. The settlement provides that the Department will supervise Local 951's next regularly-scheduled election of officers; the election is to be concluded on or before July 31, 2007. The settlement follows an investigation by the OLMS Detroit District Office.
On May 2, 2007, in the United States District Court for the District of New Jersey, the Department entered into an agreement with APWU, Local 190 (North Jersey Area Local). The agreement settles a lawsuit filed by the Department regarding Local 190's December 15, 2004 election. An OLMS investigation established that Local 190 allowed discriminatory access to its membership list; failed to provide adequate safeguards when it provided incorrect ballot return information; refused to count mail ballots received in accordance with ballot instructions; allowed an incumbent officer to use union resources for campaign purposes; applied moneys of an employer to promote the candidacy of the incumbent and his slate; and allowed a confidential union resource to be used for campaign purposes. Local 190 agreed to conduct new nominations and a new election under OLMS supervision for the following offices: president, executive vice president, recording secretary, secretary-treasurer, administrative aide, director of organization, motor vehicle service director, clerk division director, maintenance division director and three trustees. The settlement follows an investigation by the OLMS New York District Office.
On April 26, 2007, in the United States District Court for the Eastern District of New York, the Department entered into an agreement with the Special Superior Officers and Benevolent Association (SSOBA) that settles a lawsuit filed by the Department regarding the SSOBA's December 10, 2004 election. The OLMS investigation established that the SSOBA failed to mail election notices to 698 members prior to the election, failed to update and/or maintain an accurate membership mailing list, and did not attempt to find current addresses for members whose election notices were returned as undeliverable. The SSOBA agreed to conduct new nominations and a new election for the offices of president, executive vice president, and recording secretary/treasurer under the supervision of the Secretary. The settlement follows an investigation by the OLMS New York District Office.
On March 30, 2007, a stipulation of settlement was filed in the United States District Court for the Northern District of Texas, by the Department of Labor and the Allied Pilots Association (APA). The stipulation will settle a lawsuit filed by the Department seeking to set aside the results of APA's 2004 national officer election. The basis of the suit was the use of an Internet voting system that may have violated the LMRDA requirement for a secret ballot. The settlement provides that the Department will supervise APA's 2007 regularly scheduled election of officers. The settlement follows an investigation by the OLMS Dallas District Office.
On January 23, 2007, in the United States District Court for the District of Utah, Central Division, the court issued an Order granting a Stipulated Motion for Settlement between the Department and Amalgamated Transit Union (ATU), Local 1700. The parties agreed that OLMS will supervise the ATU Local 1700 election - including nominations, a primary election and any runoff election - which is scheduled to conclude by December 31, 2007. The Department requested that the court set aside five of nine elected officer positions based on a failure to elect by secret ballot. The union issued replacement ballots that contained numbers, which could be used to identify voters. The lawsuit follows an investigation by the OLMS Denver District Office.
On January 8, 2007, in the United States District Court for the Eastern District of Pennsylvania, a consent agreement was entered into with Transport Workers, Local 700 in which the union and its top officers were "permanently enjoined and restrained" from failing to file the required disclosure reports each year with the Secretary of Labor. The union agreed that if it cannot file its report by its filing date it must notify the Department and would be given 30 days from the deadline to file before further action would be taken by the court. In September 2006, the Secretary sued Local 700 for failure to file LM-3 reports for years 2002 through 2005. This agreement stems from an investigation conducted by the Philadelphia District Office. [Related documents: >HTM | PDF]
2006
On December 28, 2006, in the United States District Court for the Eastern District of Michigan, the Department filed suit against AFSCME Local 2568. The lawsuit seeks to nullify the April 5, 2006 election for the offices of president, vice president, secretary-treasurer, and sergeant-at-arms, and seeks a new election for those offices under OLMS supervision. The complaint alleges that incumbent candidates used union funds by campaigning on paid union time. The lawsuit follows an investigation by the OLMS Detroit District Office.
On December 5, 2006, in the United States District Court for the Northern District of Indiana, the Department filed suit against Steelworkers (PACE) Local 645. The lawsuit seeks to nullify the December 14, 2005 election for the office of president and seeks a new election for that office under OLMS supervision. The complaint alleges that the local failed to mail an election notice to all members at their last known home address. The lawsuit follows an investigation by the OLMS Chicago District Office.
On November 21, 2006, in the United States District Court for the Eastern District of California, the Department filed a complaint against International Longshore and Warehouse Union, Local 30. The complaint seeks to set aside the May 10, 2006 election and May 24, 2006 recount for local president and to hold a new election for that office under OLMS supervision. The suit alleges a lack of adequate safeguards of the ballots because union officers had unfettered access to the ballots following the election. The suit also alleges a failure to preserve all election records necessary for validation of the election for one year as no record of the number of ballots printed for the election was maintained, no record of the number of used and unused ballots was maintained, a final tally sheet was not retained, and an unknown number of unused ballots were disposed of. The lawsuit follows an investigation by the OLMS Los Angeles District Office.
On October 5, 2006, the United States District Court for the Eastern District of Pennsylvania approved a consent order and settlement between the Department of Labor and the Postal Mail Handlers, Local 308, based in Philadelphia. The settlement was a result of the Secretary's April 7, 2006, complaint filed against the local. The parties stipulated that the Secretary of Labor would supervise new nominations and a new election for local Recording Secretary, New Jersey State Executive Board member and Delaware State Executive Board member. The consent order and settlement follows an investigation of Local 308's February 19, 2005 election of officers by the OLMS Philadelphia District Office.
On September 29, 2006, the United States District Court for the Northern District of Illinois approved a stipulation of settlement between the Department of Labor and the Chicago Regional Council of Carpenters. The parties stipulated that the Secretary of Labor would supervise new nominations and a new election for all regional council officers. The regional council also agreed to rule changes that served as the basis for the lawsuit which was filed May 8, 2006. The regional council will eliminate a restrictive candidacy qualification and will not consider council officers automatic delegates from their respective locals. New nominations and elections for some local union delegates will be supervised as specified in the stipulation. The court also denied objections filed by an intervening union member, whose election complaint initiated the lawsuit against the union, that the agreement provided inadequate future protections against the types of abuses witnessed during the original election. The stipulation of settlement follows an investigation of the regional council's July 9, 2005 election of officers by the OLMS Chicago District Office.
On September 22, 2006, in the United States District Court for the District of Oregon, the Department filed a complaint against Plumbers Local 290. The complaint seeks to void the local union's January 3, 2006 election for president and business manager/financial secretary-treasurer and to conduct new nominations and an election for business manager/financial secretary and a new election for president, all under OLMS supervision. The complaint alleges that the local failed to mail an election notice to each member's last known home address and denied those members the right to vote by also not sending them a ballot. The complaint further alleges that the local allowed contractor members to vote in violation of the international constitution and that union funds were improperly used when a union letter that was critical of a candidate was communicated to the membership. The lawsuit follows an investigation by the OLMS Seattle District Office.
On September 21, 2006, the United States Attorney for the Eastern District of Pennsylvania, on behalf of the Secretary of Labor, filed a civil complaint against Robert Taylor and David Taylor, President and Treasurer, respectively, of Transport Workers Local 700, for failing to file annual financial reports with the Department of Labor as required by the LMRDA for fiscal years 2001 through 2005. The complaint follows an investigation by the OLMS Philadelphia District Office.
On August 17, 2006, the Department conducted a pre-election conference after entering into a voluntary compliance agreement with the International Brotherhood of Teamsters, Local 97, Union, NJ concerning a complaint regarding the conduct of the November 2003 union officer election. A rerun for the position of Secretary-Treasurer will be held under the supervision of the Office of Labor-Management Standards commencing October 2006 in conjunction with the regularly scheduled election of union officers.
On July 31, 2006, in the United States District Court for the Northern District of California, the Department filed a complaint against the International Longshore and Warehouse Union, Local 10. The complaint seeks to set aside the local's November 11, 2005 election for the offices of Executive Board Member and Trustee and to hold a new election, under OLMS supervision, for these positions. The complaint alleges that the union imposed a candidacy requirement that was both unreasonable and not contained in either its Bylaws or Constitution. The lawsuit follows an investigation by the OLMS San Francisco District Office.
On May 8, 2006, in the United States District Court for the Northern District of Illinois, Eastern Division, the Department filed a complaint against the Chicago Regional Council of Carpenters (CRC). The complaint seeks new nominations and a new election for CRC officers, including new nominations and election of delegates for all of the forty-two locals within the region. The complaint alleges that there was not a reasonable opportunity to nominate and to be nominated to CRC office because of an unreasonable candidacy qualification which required nominees to serve as a delegate for three successive years prior to nominations. The complaint further alleges that some locals did not elect all of their delegates by secret ballot vote of their members. The complaint follows an investigation by the OLMS Chicago District Office.
On April 7, 2006, the Department filed a complaint in the United States District Court for the Eastern District of Pennsylvania against Local 308 of the National Postal Mail Handlers, Laborers International Union. The complaint seeks to set aside the local union's February 19, 2005 election of local Recording Secretary, New Jersey State Executive Board Member and Delaware State Executive Board member and to hold a new election, under OLMS supervision, for these positions. The complaint alleges that the union violated Section 401(e) by failing to mail ballots to eligible members, thus depriving them of their right to vote. The lawsuit follows an investigation by the OLMS Philadelphia District Office.
On March 24, 2006, the Department filed a complaint in the United States District Court for the Northern District of Illinois against Local 1 of the American Postal Workers Union. The complaint seeks to set aside the local union's August 30, 2005, election and hold a new election for 21 contested officer positions. The complaint alleges that the union violated Section 401(e) by: failing to mail ballots to eligible members, thus depriving them of their right to vote; counting ballots cast by ineligible persons; and failing to preserve its election records for one year making it impossible to discern the accuracy of the tally. The complaint follows an investigation by the OLMS Chicago District Office.
On March 2, 2006, in the United States District Court for the Northern District of Georgia, Atlanta Division, the Department of Labor filed a complaint against Teamsters Local 728. The complaint seeks a new election, supervised by OLMS, for one of three trustee positions. The complaint alleges that the union failed to mail election notices and ballots to all of its members. The lawsuit follows an investigation by the OLMS Atlanta District Office.
On March 2, 2006, in the United States District Court for the Northern District of Georgia, the Department of Labor filed a complaint against Teamsters Local 728. The complaint seeks a new election, supervised by OLMS, for one of three trustee positions. The complaint alleges that the union failed to mail election notices and ballots to all of its members. The lawsuit follows an investigation by the OLMS Atlanta District Office.
On February 15, 2006, in the United States District Court for the District of Columbia, the Department filed a complaint against the Washington Teachers' Union (WTU). The complaint seeks to set a side the December 28, 2004 original election and the January 26, 2005 run-off election, and to conduct a new election for the positions of President, General Vice President, Recording Secretary, Treasurer, Vice President Senior High, Vice President Junior High, Vice President Elementary, Vice President Special Education, Vice President Special Services, Vice President Career Development, Member-At-Large Senior High (2), Member-At-Large Junior High (2), Member-At-Large Elementary (4) and Member-At-Large Special Services (3). The complaint alleges that WTU failed to mail an election notice to every member at her or his last known home address; that WTU failed to mail a ballot to each member in good standing, thus depriving those members of the right to vote; and that WTU permitted ineligible voters to vote. The suit follows an investigation by the OLMS Washington District Office.
On February 3, 2006 in the United States District Court for the District of Columbia, the Department of Labor filed a complaint against the American Federation of Government Employees (AFGE). The complaint seeks to set aside the election of District 14 Vice President that was conducted by delegate vote at a May 21, 2005 district caucus meeting. The complaint alleges that delegates from four locals were not properly elected. Two of the locals did not follow approved constitutions in selecting their delegates in violation of the AFGE national constitution, one local instructed members to vote for two delegates when members were entitled to vote for three, and one local failed to conduct an election to select delegates and alternates. The lawsuit seeks a new election for District 14 Vice President, including new local delegate elections, under the Department's supervision. The suit follows an investigation by the OLMS Washington District Office.
On January 26, 2006 in the United States District Court for the Northern District of California, Optical Workers Unit (OWU) of Service Employees International Union (SEIU) Local 535 was ordered to conduct new nominations and election under the Secretary's supervision for all officers and delegates of OWU within 120 days of the signing of the Order. The Secretary filed suit against OWU SEIU Local 535 in July 2005 after an investigation disclosed that OWU denied eligible members the right to vote when OWU failed to mail notices to ten members and denied a duplicate ballot to at least three members who made timely requests. The lawsuit and Order follow an investigation by the OLMS San Francisco District Office.
2005
On September 30, 2005, the United States District Court for the Northern District of Texas ruled in favor of the Secretary in the lawsuit challenging the March 13, 2003 mail ballot election for first vice president of Local 556, Transport Workers. Local 556's bylaws call for the local to print and distribute candidates' campaign statements prior to the election. The court held that the local violated its bylaws when it distributed campaign booklets containing candidates' statements to one group of members two weeks after ballots were mailed to members and voting had begun. The delayed distribution infringed the candidates' reasonable opportunity to campaign, thereby denying an adequate safeguard to ensure a fair election. The number of members who voted before the campaign booklet was distributed to them was in excess of the vote margin for first vice president. The court rejected the local's arguments that it had until the ballot return deadline to distribute the booklets, and that there was "no harm, no foul" because all candidates were similarly affected. A new election for first vice president is ordered under the Secretary's supervision, and the local is to pay all allowable and reasonable costs of the lawsuit. The litigation resulted from an investigation conducted by the OLMS Dallas District Office.
On September 19, 2005, in the United States District Court for the Western District of Michigan, the Department of Labor filed a complaint against Local 951 of the United Food and Commercial Workers Union. The complaint seeks a new election, supervised by OLMS, for the positions of president, vice president #30 central region, vice president #35 central region, and vice president #40 central region. The complaint alleges lack of ballot secrecy when members voted their ballots in the open; inadequate safeguards when union stewards and representatives distributed and collected ballots at worksites; discrimination in favor of the incumbent candidates and against the insurgent candidates with respect to the use of a list of members; and use of union and employer funds to promote the incumbent candidates. The lawsuit follows an investigation by the OLMS Detroit District Office.
On August 26, 2005, in the United States District Court for the District of Utah, the Department filed a complaint against Amalgamated Transit Union Local 1700. The complaint seeks a new election, supervised by OLMS, for the offices of president, executive vice-president, and two regional vice-presidents. The complaint alleges that the union failed to hold its election by secret ballot because numbers corresponding with members' names were placed on the ballots. The lawsuit follows an investigation by the OLMS Denver District Office.
On August 25, 2005, in the United States District Court for the District of New Jersey, the Department filed a complaint against American Postal Workers Union Local 190. The complaint seeks a new election, supervised by OLMS, for the offices of president, executive vice-president, recording secretary, secretary-treasurer, administrative aide, director of organization, motor vehicle service craft director, clerk craft director, and maintenance craft director. The complaint alleges that the union allowed discriminatory access to its membership list; provided incorrect ballot return instructions; refused to count mail ballots received in accordance with ballot instructions; allowed a union officer to use union resources for campaign purposes; applied moneys of an employer to promote the candidacy of an incumbent and his slate; and allowed confidential union resources to be used for campaign purposes. The lawsuit follows an investigation by the OLMS New York District Office.
On July 28, 2005, in the United States District Court for the Central District of California, the Department filed a complaint against the Amalgamated Industrial Workers Union. The complaint seeks a new election for the offices of president, vice-president, secretary-treasurer, sergeant-at-arms, three trustees, and three executive board-at-large members, supervised by OLMS. The complaint alleges that the union failed to mail notices of election to its members, allowed delegates not elected by secret ballot to vote in the 2004 election, and allowed persons who were not elected delegates to the convention to be nominated for office. The lawsuit follows an investigation by the OLMS Los Angeles District Office.
On July 22, 2005 in the United States District Court for the Northern District of California, the Department filed a complaint against Optical Workers Unit (OWU), Service Employees International Union (SEIU), Local 535. The complaint seeks a new election for the officers and delegates, supervised by OLMS. The complaint alleges that OWU failed to mail notices of election to ten members and denied duplicate ballot requests to at least three other members who made timely requests to the union, thereby denying members in good standing the right to vote. The complaint seeks a decision on OWU having a separate existence from SEIU Local 535 as a labor organization. OWU represents workers employed by Kaiser Optical in the state of California. The lawsuit follows an investigation by the OLMS San Francisco District Office.
On July 8, 2005, in the United States District Court for the Eastern District of New York, the Department filed a complaint against Special and Superior Officers Benevolent Association (SSOBA). The complaint seeks a new election for the offices of president, executive vice president, and recording secretary/treasurer, supervised by OLMS. The complaint alleges that SSOBA failed to mail election notices to 698 members prior to the December 10, 2004 election. Additionally, SSOBA failed to find current addresses for 44 members whose election notices were returned as undeliverable. SSOBA's failure to update and maintain an accurate membership mailing list may have affected 406 eligible voters. SSOBA represents approximately 3100 security guards. The lawsuit follows an investigation by the OLMS New York District Office.
On June 29, 2005, in the United States District Court for the Western District of Michigan, the court granted the Secretary of Labor's petition to enforce certain administrative subpoenas ad testificandum served upon several officers and employees of Local 951, United Food & Commercial Workers (UFCW). The court determined the following: that the information sought by the Secretary is relevant to an ongoing investigation of the legality of an election of officers in September 2004; that the information is not already in the possession of the Secretary; and that the subpoenas were issued in conformity with authorizing statutes. The court further determined that respondents had not satisfied their burden of showing that the subpoenas were issued for an improper purpose or that enforcement would constitute an abuse of the court's process. This Order follows an ongoing investigation by the OLMS Detroit District Office.
On June 13, 2005, the United States District Court for the District of Nevada granted the Department of Labor's motion for summary judgment in a lawsuit against Local 872, Laborers, for violations of the election provisions of the LMRDA. The Court further denied the Local's cross motion for summary judgment. On May 14, 2004, the Department filed a complaint against Local 872, a union representing approximately 3,200 members, seeking a new election of officers and delegates under OLMS supervision. The court, ruling in favor of the Department, determined first, that the Local failed to comply with a candidate's reasonable request to mail campaign literature, and second, that it failed to provide adequate safeguards to insure a fair election when it mailed campaign material after ballots were mailed to members. The Court ordered the Local's next regularly scheduled election, which is less than a year away, be conducted under OLMS supervision. The lawsuit follows an investigation by the OLMS San Francisco District Office.
On May 27, 2005, in the United States District Court for the Northern District of Texas, the Department filed a complaint against the Allied Pilots Association (APA). The complaint seeks a new election for president, vice president and secretary-treasurer under OLMS supervision. The complaint alleges that voter secrecy was not insured when members cast their votes over the internet in such a manner that the voters and their individual ballot choices could have been determined. APA represents American Airline pilots and had 9,731 members in good standing at the time of the challenged June 2004 election. The lawsuit follows an investigation by the OLMS Dallas District Office.
On March 4, 2005, in the United States District Court for the Northern District of Georgia, Local 527-S, Graphic Communications, was ordered to conduct a new election within 120 days under the Secretary of Labor's supervision. On February 3, 2005, the Court had previously granted the Department of Labor's motion for Summary Judgment. The local, however, responded by filing a Motion to Alter or Amend Judgment and a Motion to Stay Enforcement of the Judgment, which the Court rejected in its Order of March 4, 2005. The Court ruled that the local's election on December 8, 2002, violated Title IV of the LMRDA because the local denied members the right to vote secret ballots, failed to provide reasonable opportunity to nominate, and failed to mail election notices to the membership. The complaint followed an investigation by the OLMS Atlanta District Office.
2004
On November 22, 2004, Florida Council 79, AFSCME, entered into an agreement to conduct new nominations and a new election for three trustee positions, conference board vice president for colleges and universities, one executive board position, and all Council 79 convention delegates under OLMS supervision no later than April 30, 2005. An investigation by the OLMS Atlanta District Office established that delegates from 21 local unions were improperly selected when they were either: not elected by the membership, not elected by secret ballot, or not elected after proper notice to members.
On August 19, 2004, in the United States District Court for the Southern District of New York, the Department filed a complaint against the United Federation of Security Officers (UFSO). The complaint seeks a new election for president, vice-president, and six board of directors of the UFSO under OLMS supervision. The complaint alleges that the UFSO failed to elect officers more frequently than once every three years by secret ballot among the members in good standing. The complaint follows an investigation by the OLMS New York District Office.
On July 13, 2004, in the United States District Court for the District of Puerto Rico, the Court granted the Secretary of Labor's motion for summary judgment allowing the Secretary to conduct a new election for president of the Sindicato de Equipo Pesado de Puerto Rico. The Court determined that the local union improperly disqualified an individual nominated to run against the incumbent president. It held that the union unreasonably and implausibly interpreted its constitution. The union disqualified the individual because it believed that the lifelong membership status of the individual, who was exempt from paying membership dues, was affected by his return to work. However, the individual's employer was not a signatory to a collective bargaining agreement with the local and, thus, the individual could not be disqualified from the election on this basis. The court ordered a new election for president under OLMS supervision. The lawsuit follows an investigation by the OLMS Guaynabo Resident Investigator Office.
On June 21, 2004, the United States District Court for the First Circuit ruled in favor of the Secretary in Thomas Harrington, et al. v. Chao. The circuit court reversed the decision of the United States District Court for the District of Massachusetts that the Secretary was arbitrary and capricious in determining that the New England Regional Council of Carpenters was an intermediate body and not a local labor organization. The Secretary had appealed the adverse district court ruling that was issued after the submission of the supplemental statement of reasons that she had been directed to provide. Whether the regional council is a local or an intermediate body affects whether Title IV of the LMRDA requires council officers to be elected by secret ballot vote of all members rather than by delegates elected by the members.
On June 14, 2004, in the United States District Court for the District of Massachusetts, the Department filed a complaint against Teamsters Local 170 seeking to supervise a new election of the secretary-treasurer and third trustee. The complaint alleges that the local failed to provide adequate safeguards to insure a fair election. Moreover, although the local denied eligible members the right to vote, it allowed ineligible members voting rights. The complaint resulted from an investigation by the OLMS Boston District Office.
On April 30, 2004, in the United States District Court for the Eastern District of New York, the Department filed a complaint against Teamsters Local 804 seeking to supervise a new election of officers. The complaint alleges that the local failed to verify the eligibility of the nominees, nominators, and seconders prior to concluding its nominations meeting on October 5, 2003. As a result, otherwise eligible nominees were prevented from correcting any procedural defects in their nominations. The complaint further alleges that the local denied an eligible nominee the opportunity to run for president when the local incorrectly found the nominee’s seconder to be out of good standing. The complaint seeks a new election for president under OLMS supervision. The complaint follows an investigation by the OLMS New York District Office.
On April 21, 2004, in the United States District Court for the Southern District of Iowa, the Department filed a complaint against Council 61 of the American Federation of State, County and Municipal Employees. The complaint seeks to overturn the election of council officers held at its convention in Des Moines, Iowa, on July 26, 2003. The suit alleges that at least 33 of the locals failed to provide a notice of election to their members concerning the election of delegates to the 2003 Council convention. In addition, the suit alleges that some of the local unions failed to follow the AFSCME constitution and bylaws which required them to mail a nominations notice in addition to an election notice. The Secretary determined that at least 3,542 delegate votes may have been affected by these violations. This number is sufficient to surpass the margin of victory in all but one contested council vice president election. However, the Secretary seeks a new election for that position under the theory that properly elected delegates may have nominated other candidates. Thus, the lack of notice may have affected the outcome for all offices. The suit seeks a new election to be held under OLMS supervision. The complaint follows an investigation by the OLMS St. Louis District Office.
On February 23, 2004, the United States District Court for the Western District of Wisconsin ruled in favor of the Department of Labor in a lawsuit challenging the January 23 and 24, 2003 election of officers of Local 538 of the United Food and Commercial Workers. The court agreed with the Department that the notices of election, which were published in a union federation newspaper, were inadequate. The court found that, despite the Secretary of Labor's regulations, the notices did not appear conspicuously on the front page. Furthermore, the front page did not conspicuously reference the inside page where the notices appeared. As a result, the Department of Labor will supervise a new election of officers. The lawsuit resulted from an investigation conducted by the OLMS Milwaukee District Office.
On February 19, 2004, in the United States District Court for the Central District of California, the court approved a settlement stipulation between the Department of Labor and the International Brotherhood of Electrical Workers, Local 47. The parties stipulated that the Secretary of Labor would supervise the union's next regular election of officers in June 2005. This stipulation settlement stems from a complaint filed by the Department against the union on May 22, 2003. An investigation into the local's July 8, 2002 election of officers disclosed violations that may have affected the outcome of the Business Manager-Financial Secretary and Executive Board-Basin West I officer positions. The stipulation settlement follows an investigation by the OLMS Los Angeles District Office.
On January 22, 2004, in the United States District Court for the District of New Jersey, the Department of Labor filed a complaint against the American Postal Workers Union, New Jersey Mid-State Local 381. The complaint alleged that the union's December 5, 2002 mail ballot election violated the LMRDA in three ways. First, the local failed to mail the election notice/ballot package to the last known addresses of all eligible members depriving them of an opportunity to vote. Second, the union failed to establish the last day an individual could become a member and still be eligible to vote. Finally, the union failed to timely distribute candidates' campaign statements in the union newspaper. The lawsuit follows an investigation by the OLMS New York Distinct Office.
2003
On October 31, 2003, the Department of Labor filed suit in the United States District Court for the Northern District of Texas against Transport Workers Local 556 seeking to supervise a new election for the office of first vice president. The local represents 7,300 members employed by Southwest Airline as flight attendants. The lawsuit alleges that several of the votes for the office of first vice president were affected by the local's untimely distribution of a booklet containing candidates' campaign statements in violation of the union's constitution and bylaws. The union's bylaws require the union to print and distribute candidates' campaign statements before the election. At one of the local's airports, the campaign booklet was distributed after some members had already voted. The lawsuit follows an investigation by the OLMS Dallas District Office.
On October 14, 2003, a Memorandum was issued by the United States District Court for the District of Columbia explaining the Court's September 30, 2003 order dismissing the Department's suit against American Postal Workers Union Local 140. The complaint alleged that the union failed, for nine consecutive years, to file timely annual financial reports. The Department set forth three claims for relief: (1) a declaratory judgment stating that the union was in violation of its statutory obligation to file its 2001 report; (2) an order directing the union to file its 2001 report; and (3) a mandatory injunction requiring the union to comply with its reporting requirements for five years. The first two claims were rendered moot when the union filed its 2001 report after the Department filed the complaint. Regarding the Department's last claim, the court determined that the untimely filing of the union's 2001 report was due to the October 2001 anthrax attack, which caused the death of two employees and members of Local 140. The court declined to issue a mandatory injunction against the union stating that the anthrax attack was "an extraordinary circumstance". However, the court also stated it did not expect Local 140's problems with submitting timely reports to recur and that the union would be "well advised" to "fulfill this court's prediction and turn square corners with its reporting requirements in the future." The lawsuit followed an investigation by the OLMS Washington District Office.
On September 26, 2003, the Department filed suit in the United States District Court for the District of Puerto Rico against Sindicato de Equipo Pesado, a local union in Puerto Rico representing approximately 750 members. The lawsuit, which seeks a new election for the office of president, claims that the local failed to hold its regularly scheduled election. The office of president is the only office for which there was more than one nomination made at the nomination meeting. The Department disputes the local's attempt to challenge the membership status of the individual nominated to run against the incumbent president. The lawsuit resulted from an investigation by the OLMS Guaynabo Resident Investigator Office.
On September 5, 2003, a complaint was filed in the United States District Court for the Western District of Wisconsin against United Food and Commercial Workers Local 538 in Madison, Wisconsin. The complaint seeks to set aside the local's January 23-24, 2003, election for all contested officer positions. The complaint claims inadequate election notice in that the notice did not conspicuously appear on the front page of the newspaper; nor did the front page refer to a page within the newspaper where the notice could be found. The newspaper containing the notice was not the local's newspaper. Rather, the notice appeared in a newspaper of a federation of labor unions. The complaint seeks a new election under the supervision of Secretary of Labor. The lawsuit resulted from an investigation by the OLMS Milwaukee District Office.
On August 29, 2003, a complaint was filed in the United States District Court for the Northern District of Georgia, Atlanta Division, against Graphic Communications Local Union 527-S. The complaint claims that the local union denied members the right to vote secret ballots, failed to provide sufficient notice of nominations, and failed to mail election notices to the membership. The complaint seeks to hold new nominations and a new election for all officer positions under OLMS supervision. The complaint resulted from an investigation by the OLMS Atlanta District Office into the local's election of officers which concluded on December 8, 2002.
On August 7, 2003, a complaint was filed in the United States District Court for the District of Massachusetts against the National Association of Government Employees (NAGE). The complaint seeks to overturn the election of executive board members which was held in September 2002, in Las Vegas, NV. The suit claims that NAGE announced the creation of 30 new executive board positions, and nominations to fill them, one day before the election on September 19, 2002. Union members protested the election, arguing that the field of candidates was limited by the lack of notice of the new officer positions and the lack of time to campaign for those positions. The complaint asks that the executive board election be voided and NAGE be ordered to hold a new election for those positions under OLMS supervision. The complaint follows an investigation by the OLMS Boston District Office.
On July 7, 2003, a complaint was filed in the United States District Court for the Eastern District of Michigan against the Grand Lodge of the Brotherhood of Maintenance of Way Employees (BMWE) which represents approximately 45,000 to 50,000 members. The complaint resulted from an investigation by the OLMS Detroit District Office into the election of union officers conducted at the BMWE's convention in Las Vegas, Nevada, on July 9, 2002. The investigation revealed that certain candidates used union funds, equipment and staff to prepare campaign literature and that employer funds were used to pay the expenses of a candidate's campaign consultant. The complaint seeks a new election for the positions of Grand Lodge President, Grand Lodge Secretary-Treasurer and Canadian Grand Lodge Vice President.
On May 22, 2003, a complaint was filed in the United States District Court for the Central District of California against Local 47 of the International Brotherhood of Electrical Workers. The investigation by the OLMS Los Angeles District Office of the local's election of officers that concluded on July 8, 2002 disclosed that section 401(e) of the LMRDA was violated when three members were improperly denied the right to run for office. The complaint seeks a new election under OLMS supervision for the offices of business manager/financial secretary and executive board/Basin West.
On March 7, 2003, the United States District Court for the Central District of California approved a stipulation and order providing for OLMS supervision of the nomination and election of officers of Office and Professional Employees Local 90 (formerly the Southern California Professional Engineering Association) upon its release from trusteeship. The Secretary had filed suit in 2001 seeking to overturn the union's December 2000 election of officers. The suit was filed following an investigation by the OLMS Los Angeles District Office.
On March 5, 2003, the United States District Court for the District of Arizona approved a stipulation for compromise settlement providing for OLMS supervision of the nomination and election of officers of Transport Workers Local 580. The Secretary had filed suit in 2001 seeking to overturn the local's October 2000 election of officers. The suit was filed following an investigation by the OLMS Los Angeles District Office.
On March 5, 2003, in the United States District Court for the Eastern District of Pennsylvania, a stipulation of settlement agreement between the U.S. Department of Labor and Plumbers Local 354 was approved. Pursuant to this stipulation, OLMS will supervise new nominations and a new election for the position of business manager-financial secretary-treasurer. The Department had filed suit against the local in August 2001 after an investigation by the OLMS Pittsburgh District Office disclosed that a union officer and union employees campaigned on time paid for by the union prior to the local's April 7, 2001 office election.
On January 28, 2003, Local 54 of the Hotel Employees and Restaurant Employees (HERE) agreed to rerun the January 18, 2002 election of officers that the Department of Labor supervised pursuant to an order from the United States District Court for the District of New Jersey. The Department advised HERE Local 54 that it would not certify the supervised election because the incumbent president campaigned for himself and his slate on a union-sponsored radio program. In entering into the agreement for another supervised election, HERE Local 54, which represents approximately 15,000 workers in Atlantic City, New Jersey, admitted to no wrongdoing. The OLMS Philadelphia District Office will supervise the new election for all positions won by the incumbent slate by March 27, 2003.
On January 24, 2003, a Stipulation and Order of Settlement between the United States Department of Labor and Teamsters Local 174 was approved by the United States District Court for the Western District of Washington. After an investigation by the OLMS Seattle District Office, the Department filed suit against Local 174 seeking a new election for the offices of president, business manager, and trustee. The suit was based on the Secretary's finding that insufficient and inaccurate union records were used to determine voter eligibility in the protested election conducted on November 22, 2000. The Order states that the Secretary will supervise the next regularly scheduled election of officers by December 31, 2003.
On January 21, 2003, a complaint was filed in the United States District Court for the Eastern District of Pennsylvania against Local 57 of the Laborers International Union of North America (LIUNA), which represents some 2,800 members located in and around Philadelphia, Pennsylvania. The complaint resulted from an investigation by the OLMS Philadelphia District Office into the May 29, 2002 election of Local 57. It revealed that the union failed to comply with a reasonable request to distribute campaign literature. The complaint seeks a new election under OLMS supervision for the one position that was contested.
On January 16, 2003, a complaint was filed in the United States District Court for the District of Minnesota against District Lodge 143 of the International Association of Machinists and Aerospace Workers (IAMAW), which represents some 21,800 members predominately employed by Northwest Airlines headquartered in Minneapolis, Minnesota. The complaint resulted from an investigation by the OLMS Minneapolis Resident Office into the district lodge's August 13, 2002 election. It revealed that six locals failed to hold an election, eleven locals failed to send out an election notice, and 25 locals sent out an inadequate election notice. The complaint seeks a new election under OLMS supervision.
On January 7, 2003, a stipulation and order of settlement between the U.S. Department of Labor and the Bremerton Metal Trades Council (BMTC) was approved by the United States District Court for the Western District of Washington. After an investigation by the OLMS Seattle District Office, the Department filed suit against the BMTC for not allowing a member of an affiliated American Federation of Government Employees (AFGE) local to run for office because the AFGE national union is not affiliated with the Metal Trades Department of the AFL-CIO. The case was in the district court on remand from the Ninth Circuit Court of Appeals which ruled for the Department on the jurisdictional issues raised by the BMTC but remanded it for further factfinding on the election issues. Under the terms of the settlement, OLMS will supervise a new election of officers by July 31, 2003.
On January 3, 2003, a Stipulation of Settlement between the U.S. Department of Labor and Local 732 of the American Postal Workers Union was approved by Magistrate Judge Jeff Kaplan of the United States District Court for the Northern District of Texas. The stipulation requires the local union to open and count 75 ballots cast by eligible members that were not included in the tally completed on May 19, 2001. After the tally of these 75 ballots is completed and the results of the May 19, 2001 officer election are revised accordingly, OLMS will supervise new nominations and a new election for all Local 732 offices affected by the 67 votes that were cast by ineligible persons. OLMS will complete this supervised election on or before May 31, 2003.
2002
On December 20, 2002, in the United States District Court for the District of Puerto Rico the Department filed suit against the Sindicato de Guardias in Rio Piedras, Puerto Rico. The lawsuit seeks a new election for the three officer positions for which three members were improperly disqualified from running. The three members were disqualified on the basis of union discipline that had been imposed in violation of Section 101(a)(5) of the Labor-Management Reporting and Disclosure Act of 1959, as amended. The challenged election in this 209 member union was investigated by the OLMS Puerto Rico Resident Investigator Office.
On October 22, 2002, the U.S. District Court for the District of Hawaii found that IBEW Local 1357 did not violate Title IV of the LMRDA by disqualifying a member in good standing as a candidate for office in the local's February 16, 2001 election of officers. In 1999, the IBEW had found Local 1357 Business Manager/Financial Secretary George Waialeale guilty of spending more than $80,000 of union funds without proper documentation and had barred him from holding office for a period of five years. The Department of Labor argued that the discipline imposed by the IBEW violated Title I of the LMRDA because Waialeale had not been served with specific written charges, and, consequently, had not had a reasonable time to prepare his defense and had not had a full and fair hearing. The court concluded that the union had provided charges that were sufficiently specific and that the Department had failed to show that Waialeale had been prejudiced.
On October 4, 2002, in the U.S. District Court for the Eastern District of Pennsylvania, the Secretary filed a civil suit seeking a new election for the office of branch president of Local 308 of the National Postal Mail Handlers Union after an investigation established that a candidate for office in the February 2002 election utilized U.S. Postal Service facilities for printing her campaign literature. The literature was distributed to at least 50 members in a race decided by a 12-vote margin. The case was brought following an investigation by the OLMS Philadelphia District Office.
On September 30, 2002, in the United States District Court for the Southern District of New York, the court granted the Secretary's motion to dismiss the lawsuit brought by members of Teamsters Local 97 contesting the Department's rejection of their complaint of Local 97's December 2000 officer elections. The Department denied the election complaint because of the complainants' failure to exhaust internal union remedies. The court adopted the Department's position that the complainants were required to appeal the decision of the Teamsters Joint Council within fifteen days to the General Executive Board as required by the international union's constitution. The court rejected the complainants' arguments that the appeal requirement was unreasonably burdensome and too long and complex to follow.
On September 13, 2002, in the United States District Court for the Northern Division of California, Judge Ronald M. Whyte granted the Secretary's motion for summary judgment, declared the December 2, 2000 election conducted by Machinists Local Lodge 2228 null and void, and ordered the union to conduct a new election for the office of president under the supervision of the Secretary of Labor. The case was brought after an investigation by the OLMS San Francisco District Office revealed that the successful candidate for the office of president was ineligible to run. During the OLMS investigation, the union installed the losing candidate as president. The International Association of Machinists subsequently placed Local Lodge 2228 in trusteeship and conducted a new election not under the supervision of the Secretary. The court held that the Secretary's right to a supervised election cannot be defeated by any subsequent independent action of the union, whether it occurs before the Secretary files an action or afterward.
On August 9, 2002, suit was filed in the United States District Court for the District of Columbia against Postal Workers Local 140, for failing to file its annual financial report. Local 140 has filed its annual report late every year for the last eight years and during the last six years it has filed, on average, 357 days late. It has failed to file the report that was due on March 31, 2002, despite reminders by OLMS and warnings that failure to file would result in legal action. The complaint seeks an order compelling Local 140 to file its annual financial report for fiscal year 2001 and enjoining it from further violating the reporting provisions of the Labor-Management Reporting and Disclosure Act.
On June 27, 2002, the United States District Court for the District of New Jersey granted the Department's motion for summary judgment concerning the April 2000 election of officers in the North Jersey Area Local of the American Postal Workers Union. The court found that the local violated Section 401(g) of the LMRDA by making two mailings to the membership at union expense and on union letterhead. One mailing was laudatory of the incumbents and critical of an opposing candidate and the other "provided gratuitous and damaging material" about the opposition candidate. The court held that all members of the opposing candidate's slate are entitled to a new election under the supervision of the Secretary of Labor. The court case resulted from an investigation by the OLMS New York District Office.
On June 14, 2002, a complaint was filed in the United States District Court for the Northern District of California against the California Nurses Association. The complaint resulted from an investigation by the OLMS San Francisco District Office of the union's May 16, 2001, election which disclosed that ballots were not mailed to approximately 73 members in good standing while 11 members not in good standing were permitted to vote. Also, the union's procedure for obtaining a duplicate ballot was not adequately communicated to the membership. The complaint seeks a new election for the position of vice president under OLMS supervision.
On June 6, 2002, pursuant to a settlement agreement, the United States District Court for the Eastern District of Pennsylvania ordered United Automobile Workers Local 813 in Philadelphia to hold a new election of officers under the supervision of the Secretary of Labor. The case resulted from an investigation of the union's May 1, 2001, election by the OLMS Philadelphia District Office.
On May 2, 2002, suit was filed in the United States District Court for the Eastern District of North Carolina, against Fayetteville Area Local 984 of the American Postal Workers Union following an investigation by the OLMS Nashville District Office. The investigation disclosed that the incumbent and winning candidate for president used in his campaign literature material contained in union files that had been written by the complainant and was not intended for publication. The suit seeks a new election for the office of president.
On April 9, 2002, an election complaint against American Federation of Government Employees Council 169 was transmitted to the Chief Administrative Law Judge, U.S. Department of Labor. The complaint resulted from an investigation by the OLMS Washington District Office into the council's October 28, 2000 officer election. That investigation disclosed that the council denied the membership of Local 62, a council affiliate, the opportunity to vote in the election when the council failed to count the 478 votes cast by the Local 62 delegate, which may have affected the outcome of one vice president position.
On February 26, 2002, a Stipulation of Settlement between the U.S. Department of Labor and Machinists Local 33-S was filed in the United States District Court for the District of Maryland. Pursuant to this Stipulation, OLMS will supervise new nominations and a new election for Local 33-S officers. The Department had filed suit in December 2001 against the local after an investigation by the OLMS Washington District Office revealed that the local's application of an unreasonable meeting attendance requirement excluded approximately 90% of the members from running for office. In addition, the meeting attendance requirement was applied retroactively and not uniformly applied. As provided in the Stipulation, the local's meeting attendance requirement will not be enforced during the OLMS-supervised election.
On February 19, 2002, the United States Court of Appeals for the First Circuit ruled against the Secretary of Labor in Thomas Harrington, et al. v. Chao. Harrington had brought suit against the Secretary for failing to take action on his election complaint filed under Title IV of the LMRDA. The district court dismissed the suit, but on appeal the First Circuit held that the Secretary's statement of reasons for refusing to file suit against the New England Regional Council of Carpenters was not sufficient "to permit meaningful judicial review." At issue is whether the Regional Council is in fact a local union rather than an intermediate body and therefore required to elect its officers by secret ballot among all members in good standing rather than by delegates elected by the members. The court remanded the case for the Secretary to more fully explain the Department's position in light of the LMRDA regulations and prior case law.
On January 23, 2002, the United States District Court for the Northern District of Indiana granted the Secretary's motion for summary judgment and ordered Steelworkers Local 1014 to rerun its April 24, 2000, officer election under the supervision of the Secretary. An investigation by the OLMS Chicago District Office determined that Local 1014's application of a meeting attendance requirement barred more than 98% of its membership from running for office.
On January 18, 2002, in the United States District Court for the Northern District of Texas, a complaint was filed against Local 732 of the American Postal Workers Union. The complaint resulted from an investigation by the OLMS Dallas District Office into the local's May 19, 2001, mail ballot officer and delegate election. That investigation disclosed that the union denied eligible members the right to vote, in that the union failed to mail ballots to all eligible members and failed to count all ballots that had been returned by eligible members to the post office prior to the deadline. The investigation also found that the union improperly permitted ineligible members to vote in violation of the union constitution and bylaws. The complaint seeks to hold a new election for 11 officer and 39 delegate positions under OLMS supervision.
2001
On December 28, 2001, a complaint was filed in the United States District Court for the District of Maryland, against Local S-33, International Association of Machinists. The complaint resulted from an investigation by the OLMS Washington District Office of the local's July 28-29, 2001 and October 25, 2001 elections of officers. Local S-33 is charged with violating section 401(e) of the Labor-Management Reporting and Disclosure Act (LMRDA) by applying an unreasonable meeting attendance requirement which called for attendance at 50% of the regular membership meetings in the twelve months preceding nominations. The requirement excluded approximately 90% of the members from running for office, was applied retroactively, and was not uniformly applied. Members were also not given sufficient notice that the requirement would be applied. The complaint seeks new nominations and a new election under OLMS supervision.
On December 21, 2001, a complaint was filed in the United States District Court for the Eastern District of Pennsylvania against United Automobile Workers Local 813. The complaint resulted from an investigation by the OLMS Philadelphia District Office into the local's May 1, 2001 election which disclosed that the local failed to mail notices of election to members at their last known home addresses. The complaint seeks a new election for all offices under OLMS supervision.
On December 7, 2001, in the United States District Court for the Western District of Washington, a complaint was filed against Teamsters Local 174 seeking to set aside the local's November 21, 2000, election of secretary-treasurer, president, and trustee. The case involves the denial of the voting rights of new members for whom the employer had not deducted sufficient dues and initiation fees or for whom adequate amounts had been deducted but not forwarded to the union. Of the money received by the union, not all deductions were posted to membership records, rendering some members ineligible to vote. In addition, other members were permitted to vote who were not current in dues or initiation fees, an unequal application of the union's constitution which states that eligibility to vote is dependent on payment of dues and fees. The complaint was filed following an investigation by the OLMS Seattle District Office.
On November 9, 2001, Judge Donald C. Nugent of the United States District Court for the Northern District of Ohio ordered a new election under OLMS supervision for treasurer and two trustees in Bakery Workers Local 19. An investigation of the local's February 2000 election by the OLMS Cleveland District Office had revealed that the winning candidates for those positions were ineligible to hold office because they did not meet working at the trade candidacy requirements.
On October 30, 2001, Chief Judge David Larimer of the United States District Court for the Western District of New York signed an order accepting the parties' settlement agreement to have OLMS supervise the next regularly scheduled election of officers of Auto Workers Local 1097. An investigation of the local's 1999 election conducted by the OLMS Buffalo District Office revealed that the local failed to mail election notices to all members. Approximately 750 retired members did not vote and did not have access to election information through other channels, such as posted notice in the work place. With the closest margin at 504 votes, all offices were affected by this violation.
On October 9, 2001, the United States District Court for the District of New Jersey granted the Secretary of Labor's Motion for Summary Judgment declaring Hotel Employees and Restaurant Employees Local 54's June 25, 1999 election of officers null and void and ordering an immediate new election under the Secretary of Labor's supervision. The court ruled that the union's failure to make reasonable efforts to maintain current addresses of members and to correct known invalid addresses as well as not mailing election notices to all members constituted a violation of section 401(e) of the Labor-Management Reporting and Disclosure Act. Also, the union's failure to update and correct members' addresses prior to the ballot mailing deprived members of their right to vote under section 401(e). Lastly, the incumbents' use of membership lists created by union representatives in the course of their union employment for campaigning without advising other candidates of the lists' availability violated the nondiscrimination provision of section 401(c). The OLMS Philadelphia District Office conducted the investigation and will conduct the supervised election of this 15,000 member local based in Atlantic City.
On September 7, 2001, the United States District Court for the Virgin Islands approved a Stipulation of Settlement and Order between Steelworkers Local 8526 and the U.S. Department of Labor. The Stipulation of Settlement and Order calls for the local to conduct new nominations and an election for all officer positions, under the Department's supervision, prior to March 14, 2002. The Department had filed suit in November 1997 seeking to overturn the local's April 1997 election after an investigation by the OLMS Gulf Coast Region established that the union failed to provide proper notice of election and that the union's meeting attendance requirement rendered all but 3% of the membership ineligible for office.
On September 5, 2001, a complaint was filed in the United States District Court for the District of Arizona against Transport Workers Local 580. The complaint resulted from an investigation by the OLMS Los Angeles District Office into the local's November 1, 2000 election which disclosed that the local failed to mail notices of election to members at their last known home address and failed to accurately count the votes that were cast. The complaint seeks a new election under OLMS supervision.
On August 30, 2001, a complaint was filed in the United States District Court for the Western District of Pennsylvania against Plumbers Local 354. The complaint resulted from an investigation by the OLMS Pittsburgh District Office into the local's April 7, 2001 election which disclosed that, during the two week period prior to the election, the incumbent business manager, along with business agents, campaigned to members at several work sites while on time paid for by the union. The complaint seeks a new election for four positions under OLMS supervision.
On August 15, 2001, the United States District Court for the District of Hawaii ruled for the Department of Labor in a subpoena enforcement action involving Teamsters Local 996 and an OLMS officer election investigation under the Labor-Management Reporting and Disclosure Act (LMRDA). The court reversed the magistrate's order to quash the Department of Labor's subpoena of election ballots. The court ruled that nothing in LMRDA section 601 or 402 limits the scope of the Secretary's investigatory reach and that the Secretary's demand to review the ballots was not irrelevant or immaterial to the investigation.
On August 14, 2001, the United States District Court for the District of South Carolina granted the Secretary of Labor's motion to dismiss a complaint filed by Leonard Riley, Jr. and Charles Brave, winning candidates for trustee in a January 28, 2000, election held by International Longshoremen's Association Local 1422. They had sought to enjoin the International Union from requiring Local 1422 to conduct a new election. The Secretary of Labor had filed suit on June 7 seeking a new election for the office of trustee and had intervened in the private civil action to protect the Secretary's exclusive jurisdiction over such LMRDA Title IV matters.
On July 23, 2001, a complaint was filed in the United States District Court for the Northern District of Illinois against District Lodge 141 of the International Association of Machinists. An investigation by the OLMS Pittsburgh District Office determined that at least two insurgent candidates for the office of assistant general chairperson were improperly deprived of their opportunity for candidacy. District Lodge 141 has 37,000 members nationwide who are airline baggage handlers. The OLMS investigation determined that the insurgents secured the nominations/endorsements from the required minimum of four local lodges, but the international president ordered that two of these nominations/endorsements be reconducted, contrary to the recommendation of his own investigator. The complaint seeks to require the union to validate the original endorsement results.
On June 14, 2001, suit was filed against the Southern California Professional Engineering Association (SCPEA) in the United States District Court for the Central District of California. The suit is the result of an investigation conducted by the OLMS Los Angeles District Office concerning SCPEA’s December 20, 2000 election of officers, which disclosed that the union improperly disqualified the winning vice presidential candidate and improperly permitted an unqualified (and winning) candidate to run for executive board member-at-large. The suit seeks installation of the improperly disqualified vice presidential candidate to his office and new nominations and a new election for executive board member-at-large under OLMS supervision.
On June 7, 2001, a complaint was filed in the United States District Court for the District of South Carolina against Local 1422 of the International Longshoremen’s Association (ILA). The complaint resulted from an investigation by the OLMS Atlanta District Office into the local’s January 28, 2000 officer election, which disclosed that the local violated the international’s constitution by permitting members who fell within the category of individuals employed in supervisory positions to run for and hold the office of trustee. The ILA has ordered Local 1422 to conduct a new election for the office of trustee but a new election has yet to be conducted. The complaint therefore seeks a new election for that office under OLMS supervision.
On June 4, 2001, a complaint was filed in the United States District Court for the District of Hawaii against Local 1357, International Brotherhood of Electrical Workers seeking a new election for business manager-financial secretary under the supervision of OLMS. The complaint resulted from an investigation by OLMS’ Honolulu Resident Investigator Office which disclosed that the local violated members’ rights to support the candidate of their choice by disqualifying a member as a candidate on the basis of discipline that had been imposed in violation of Section 101(a) (5) of the Labor-Management Reporting and Disclosure Act.
On May 11, 2001, a complaint was filed in the United States District Court for the Northern District of California against Local Lodge 2228 of the International Association of Machinists. The complaint resulted from an investigation by the OLMS San Francisco District Office into the lodge’s December 2, 2000 election which disclosed the union permitted an ineligible candidate to run for president. The complaint seeks a new election under OLMS supervision.
On May 4, 2001, a complaint was filed in the United States District Court for the Eastern District of California against Local 442 of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry. The complaint resulted from an investigation by the OLMS San Francisco District Office into the local’s December 16, 2000 election which disclosed a candidate violated the local’s bylaws when he campaigned for office by "meeting and greeting" voters on election day within a prohibited area. The complaint seeks a new election under OLMS supervision for one local union officer position.
On April 26, 2001, the United States District Court for the Northern District of Texas granted the Secretary’s motion for summary judgement and ordered Local 311 of the National Postal Mail Handlers’ Union to rerun their 1999 officer election under the supervision of the Secretary. The Department’s complaint in this case charged that the Mail Handlers improperly disqualified a member from candidacy based on the member’s failure to remit dues for one month during the two-year period prior to nominations. However, as an investigation by the OLMS Dallas District Office disclosed, the member had earnings during the month in question and was subject to a collective bargaining agreement between the Postal Service and the union which provided for dues check off. The court agreed with the Department’s position that, under the law, the failure of the Postal Service to deduct dues could not be used to declare the member ineligible to run for office.
On March 30, 2001, a complaint was filed in the United States District Court for the District of New Jersey against the North Jersey Area Local of the American Postal Workers Union. The complaint resulted from an investigation by the OLMS New York District Office into the local’s April 18, 2000 election which disclosed the union used union resources to promote incumbent candidates. The complaint seeks a new election under OLMS supervision for nine local union officer positions.
On March 29, 2001, the United States District Court for the Eastern District of Missouri issued an order agreeing in part with the Secretary of Labor’s complaint challenging 1998 elections in Local 50 of the Service Employees International Union. The complaint challenged both the reasonableness and application of a petition requirement for nomination to office. The court held that the requirement itself was reasonable, but agreed that it was not applied fairly and directed the Department to submit a proposed order for new elections under the supervision of the Secretary. The OLMS St. Louis District Office conducted the investigation leading to the complaint and will supervise any remedial election.
On March 28, 2001, the United States District Court for the District of Columbia granted the Secretary of Labor’s motion for summary judgement and declared the Amalgamated Transit Union’s (ATU) 1998 election of international officers void. The complaint charged that the ATU imposed an unreasonable candidacy qualification when it applied a meeting attendance requirement for the nomination and election of delegates to its 1998 international union convention. The OLMS Washington District Office conducted the investigation leading to the complaint and will supervise the remedial election ordered by the court.
On March 27, 2001, the United States District Court for the Western District of Michigan approved an agreement between the Department of Labor and Local 1106 of the International Brotherhood of Electrical Workers in settlement of the Department’s December 2000 suit against the local. The Department filed suit against Local 1106 based on an investigation by the OLMS Detroit District Office, which found that in the local’s June 2000 officer election, the incumbent business manager/financial secretary used union resources to produce campaign mailings. Under the Stipulation of Settlement and Order issued by the court, the Department will supervise an immediate new officer election in Local 1106 and certify the names of those elected to the court.
Last Updated: 5-14-14