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 7, 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 March 14, 2015, by Service Employees International Union Local 26 in Minneapolis, Minnesota.
Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that the union failed to provide an adequate opportunity vote when it provided a single polling site with limited hours on election day preventing from voting some members who worked long shifts on the day of the election.
Apprised of these findings, SEIU Local 26 agreed to conduct a new election of officers for three Security Officer Delegate positions under the supervision of the Secretary of Labor, in accordance with Title IV of the LMRDA. The agreed upon remedial election was concluded on November 21, 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 Service Employees International Union Local 26 on March 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 November 21, 2015.
Therefore, civil action under Section 402(b) of the LMRDA to set aside the election conducted on March 14, 2015 is not warranted.
Signed this 21st 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 21, 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 21, 2016
Mr. Javier Morillo, President
Service Employees International Union Local 26
Dear Mr. Morillo:
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 21, 2016
Ms. Mary Kay Henry, International President
Service Employees International Union
1800 Massachusetts Avenue NW
Washington, DC 20036
Dear Ms. Henry:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Sharon E. Hanley
Chief, Division of Enforcement
Enclosure