U.S. DEPARTMENT OF LABOR
OFFICE OF LABOR-MANAGEMENT STANDARDS
WASHINGTON, DC 20210

DETERMINATION
Determination of a Complaint Filed under Title IV of the Labor-Management Reporting and Disclosure Act of 1959


On June 20, 2013, the Secretary of Labor received a complaint alleging violations of Section 401 of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), in the regularly scheduled election of officers conducted on February 23, 2013, by Security, Police, Fire Professionals of America Local 652 in Mililani, Hawaii.

Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that Local 652 failed to provide proper notice of election to all members; denied eligible members the right to vote when members outside the State of Hawaii were not provided an opportunity to vote by absentee ballot; improperly provided some Oahu members absentee ballots withouta valid reason; permitted at least one nonmember to vote; and, failed to preserve for one year the ballots and other election records.

Apprised of these findings, Security, Police, Fire Professionals of America Local 652 agreed to conduct new nominations and a new election of officers under the supervision of the Secretary of Labor, in accordance with Title IV of the LMRDA. The agreed upon remedial election was concluded on February 15, 2014. It is, therefore,

DETERMINED, that there is probable cause to believe that violations of Title IV of the LMRDA occurred which may have affected the outcome of the election conducted by Security, Police, Fire Professionals ofAmerica Local 652 on February 23, 2013, but that these violations have been remedied by the new election, conducted in accordance with Title IV of the LMRDA, under the supervision of the Secretary of Labor,on February 15, 2014.

Therefore, civil action under Section 402(b) of the LMRDA to set aside the election conducted on February 23, 2013 is not warranted.

Signed this 25th day of March, 2014.



Patricia Fox
Chief, Division of Enforcement
U.S. Department of Labor

Office of Labor-Management Standards
Division of Enforcement
Washington, DC 20210
(202) 693-0143 Fax: (202) 693-1343










March 25, 2014



Dear :

The enclosed Determination represents the Department's final disposition of the matter mentioned therein.

Sincerely,



Patricia Fox
Chief, Division of Enforcement

Enclosure

U.S. Department of Labor

Office of Labor-Management Standards
Division of Enforcement
Washington, DC 20210
(202) 693-0143 Fax: (202) 693-1343










March 25, 2014

Mr. Mark Hirakawa, President
Security, Police, Fire Professionals of America Local 652
95-1036 Kamalino Street
Mililani, Hawaii 96789

Dear Mr. Hirakawa:

The enclosed Determination represents the Department's final disposition of the matter mentioned therein.

Sincerely,



Patricia Fox
Chief, Division of Enforcement

Enclosure

U.S. Department of Labor

Office of Labor-Management Standards
Division of Enforcement
Washington, DC 20210
(202) 693-0143 Fax: (202) 693-1343










March 25, 2014

Mr. David L. Hickey, International President
International Union, Security, Police, Fire Professionals of America
25510 Kelly Road
Roseville, Michigan 48066

Dear Mr. Hickey:

The enclosed Determination represents the Department's final disposition of the matter mentioned therein.

Sincerely,



Patricia Fox
Chief, Division of Enforcement

Enclosure