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 July 30, 2015, 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 April 14, 2015, by Communication Workers of America Local 9416 in Bakersfield, California.
Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that Local 9416 allowed a candidate who had transferred out of the local to run for the office of secretary-treasurer.
Apprised of these findings, CWA Local 9416 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 September 14, 2015. 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 Communication Workers of America Local 9416 on April 14, 2015, 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 September 14, 2015.
Therefore, civil action under Section 402(b) of the LMRDA to set aside the election conducted on April 14, 2015 is not warranted.
Signed this 19th day of January, 2016.
Sharon Hanley
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
January 19, 2016
Dear :
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Sharon E. Hanley
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
January 19, 2016
Mr. Lou Mondragon, President
Communication Workers of America Local 9416
911 20th Street
Bakersfield, CA 93312
Dear Mr. Mondragon:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Sharon E. Hanley
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
January 19, 2016
Mr. Christopher M. Shelton, President
Communication Workers of America, AFL-CIO
501 3rd Street NW
Washington, DC 20001
Dear Mr. Shelton:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Sharon E. Hanley
Chief, Division of Enforcement
Enclosure