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 August 17, 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 2, 2015, by Steelworkers Local 9-507 in Canton, North Carolina.
Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that the local applied an unreasonable candidate qualification when it retroactively imposed a meeting attendance requirement to candidates denying otherwise eligible candidates from running for office.
Apprised of these findings, Steelworkers 9-507 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 March 3, 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 Steelworkers Local 9-507 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 March 3, 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 13th day of May, 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
May 13, 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
May 13, 2016
Mr. Keith Jenkins, President Steelworkers Local 9-507
35 Park Street
Canton, North Carolina 28716
Dear Mr. Jenkins:
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
May 13, 2016
Mr. Leo Gerard, International President
United Steelworkers
60 Boulevard of the Allies
Pittsburgh, Pennsylvania 15222
Dear Mr. Gerard:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Sharon Hanley
Chief, Division of Enforcement
Enclosure