U.S. Department of Labor
Office of Labor-Management Standards
Division of Enforcement
Washington, DC 20210
(202) 693-0143 Fax: (202) 693-1343
November 9, 2012
Dear
This is to advise you of the disposition of your complaint filed with the Secretary of Labor alleging a violation of Title III of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) with regard to the continuation of the trusteeship imposed by UNITE HERE over its Local 9 in Portland, Oregon.
Pursuant to Sections 304 and 601 of the LMRDA, an investigation was conducted by the Office of Labor-Management Standards. Following review of the investigative findings by this office and the Office of the Solicitor, Division for Civil Rights and Labor-Management, a decision has been made that those findings do not provide a basis for action by the Department.
A statement of reasons setting forth the basis for this decision is enclosed.
Sincerely,
Patricia Fox
Chief, Division of Enforcement
Enclosure
cc: Christopher Wilkinson, Associate Solicitor for
Civil Rights and Labor-Management
U.S. Department of Labor
Office of Labor-Management Standards
Division of Enforcement
Washington, DC 20210
(202) 693-0143 Fax: (202) 693-1343
November 9, 2012
President
UNITE HERE 275 7th Avenue
New York, New York 10001-6708
Dear
This is to advise you of the disposition of the complaint filed with the Secretary of Labor alleging a violation of Title III of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) with regard to the continuation of the trusteeship imposed by UNITE HERE over its Local 9 in Portland, Oregon.
Pursuant to Sections 304 and 601 of the LMRDA, an investigation was conducted by the Office of Labor-Management Standards. Following review of the investigative findings by this office and the Office of the Solicitor, Division for Civil Rights and Labor-Management, a decision has been made that those findings do not provide a basis for action by the Department.
A statement of reasons setting forth the basis for this decision is enclosed.
Sincerely,
Patricia Fox
Chief, Division of Enforcement
Enclosure
cc: Christopher B. Wilkinson, Associate Solicitor
Civil Rights and Labor-Management
Statement of Reasons
Dismissing a Complaint
Concerning the Imposition of a Trusteeship
Over Local 9 of the UNITE HERE, AFL-CIO,
In Portland, Oregon
A member in good standing of the UNITE HERE Local 9 (“Local 9”) filed a complaint with the United States Department of Labor on July 11, 2012, alleging that UNITE HERE violated Title III of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), 29 U.S.C. § 401, et seq., by unjustifiably maintaining a trusteeship upon Local 9. For the following reasons, the complaint is dismissed.
The Department’s investigation revealed that UNITE HERE placed Local 9 in trusteeship in December 2006 due to the Local’s alleged failure to maintain fiscal and operational practices in conformity with the UNITE HERE Constitution. The investigation further revealed that Local 9 merged with UNITE HERE Local 8 on August 21, 2012, with the merger being approved by a vote of the memberships of both locals. As a result of the merger, Local 9 ceased to exist.
Thus, even if the UNITE HERE’s actions regarding the imposition and continuation of trusteeship were improper, the complainant’s claim is moot. See, Walker v. Grand Lodge, Am. Ry. Supervisors Ass’n, 93 Lab. Cas. ¶13,395 (1981), citing, Vars v. Int’l Bhd. of Boilermakers, 320 F.2d 576, 577 (2d Cir. 1963) (A claim alleging improper imposition of a trusteeship becomes moot when the trusteeship has been lifted). As it does not appear that there currently exists a trusteeship covered by Title III of the LMRDA, we are closing our file on this matter.