U.S. Department of Labor

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

March 4, 2015

Dear ing:

This Statement of Reasons is in response to your complaint filed on November 10, 2014, with the U.S. Department of Labor alleging that violations of Title IV of the Labor-Management Reporting and Disclosure Act (LMRDA), occurred in connection with the election of officers of District Lodge 141, International Association of Machinists, conducted on June 11, 2014, in Local Lodge 1781.

The Department conducted an investigation of your allegations. As a result of the investigation, the Department has concluded that there was no violation of the LMRDA that may have affected the outcome of the election.

You alleged that Local Lodge 1781 permitted ineligible persons to vote regular ballots and failed to impound challenged ballots. Section 401(c) of the LMRDA provides, in relevant part, that adequate safeguards to insure a fair election shall be provided. The Department’s review of election records revealed that of the 20 voters on the impounded ballot list, challenged ballot envelopes were missing for only 2 ineligible voters, indicating that their ballots may have been inappropriately commingled with the regular ballots. Because the smallest margin in the District Lodge election was 21 votes, these two votes could not have affected the outcome of the election. The investigation also disclosed that —the only voter you specifically alleged to be ineligible—submitted a challenged ballot stored in an impounded envelope. The Lodge determined that she was ineligible to vote and did not count her ballot. Thus, there was no violation of the LMRDA that affected the outcome of the election.

You have also raised allegations in your complaint about the local lodge election for District Lodge 141 convention delegates. In that those delegates do not elect district lodge officers, the delegate election is not subject to the provisions of Title IV of the LMRDA and was therefore not investigated by the Department. In your complaint, you also alleged that there was only one teller at the election table for nearly one hour. This
allegation, even if true, would not have constituted a violation of Title IV of the LMRDA. As there was no violation of the LMRDA affecting the outcome of the election, I have closed the file on this matter.


Patricia Fox Chief, Division of Enforcement

cc: Mr. Richard Delaney, President
International Association of Machinists, District Lodge 141

Mr. R. Thomas Buffenbarger, President
9000 Machinists Place
Upper Marlboro, MD 20772-2687

Christopher B. Wilkinson Associate Solicitor for Civil Rights and Labor-Management