U.S. Department of Labor
Office of Labor-Management Standards
Division of Enforcement
Washington, DC 20210
(202) 693-0143 Fax: (202) 693-1343
March 28, 2014
This Statement of Reasons is in response to your complaint received by the U.S. Department of Labor on September 26, 2013, alleging that violations of Title IV of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), occurred in connection with the delegate election of Local 400, United Food and Commercial Workers Union (UFCW), that concluded on April 25, 2013.
You made several allegations concerning Local 400’s delegate election. The Local 400 delegates elected on April 25, 2013 participated in the election of international UFCW officers at the UFCW Convention that was held August 12-13, 2013. The Local 400 election of delegates was covered by Title IV of the LMRDA only because those delegates participated in the election of UFCW International officers. 29 C.F.R. § 452.22. Having served that sole Title IV-related purpose, those delegates have no further functions to perform. Accordingly, even if all of your allegations were substantiated as meritorious, there is no effective remedy available because the functions that brought the delegates within the coverage of the LMRDA have already been performed.
Because there is no remedy that can be provided to correct any local delegate election improprieties, even if substantiated, I have closed the file in this matter.
Chief, Division of Enforcement
cc: Joseph T. Hansen, International President
United Food and Commercial Workers Union
1775 K Street, N.W.
Washington, DC 20006
Mark Federici, President
UFCW Local 400
4301 Garden City Drive
Landover, Maryland 20785
Christopher Wilkinson, Associate Solicitor
for Civil Rights and Labor-Management