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 6, 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 delegate election conducted on April 2, 2015, by Chemical Workers Union Council, Local Union 387C/UFCW in Albuquerque, New Mexico.
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 proper notice of nominations to its members, thereby denying members the opportunity to nominate.
Apprised of these findings, Chemical Workers Union Council of the United Food and Commercial Workers agreed to conduct new nominations and a new delegate election under the supervision of the Secretary of Labor, in accordance with Title IV of the LMRDA. The agreed upon remedial election was concluded on January 12, 2016. 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 Chemical Workers Union Council, Local Union 387C/UFCW on April 2, 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 January 12, 2016.
Therefore, civil action under Section 402(b) of the LMRDA to set aside the election conducted on April 2, 2015 is not warranted.
Signed this 3rd day of March, 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
March 3, 2016
Dear :
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Sharon 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
March 3, 2016
Mr. Vince Diaz, Vice-President/Regional Director
Chemical Workers Union Council, Local Union 387C/UFCW
4504 69th Street Court N.W.
Gig Harbor, Washington 98335
Dear Mr. Diaz:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Sharon 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
March 3, 2016
Mr. Frank Cyphers, President
ICWUC/UFCW
1655 West Market Street
Akron, Ohio 44313
Dear Mr. Cyphers:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Sharon 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
March 3, 2016
Dear
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Sharon Hanley
Chief, Division of Enforcement
Enclosure
U.S. Department of Labor
Office of Labor-Management Standards
Division of Enforcement
Washington, DC 20210
March 3, 2016
Mr. Anthony M. Perrone, International President
United Food & Commercial Workers International Union, AFL-CIO 1775 K Street, NW
Washington, DC 20006-1598
Dear Mr. Perrone:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Sharon Hanley
Chief, Division of Enforcement
Enclosure