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2018 Voluntary Compliance Agreements


On December 13, 2018, OLMS entered into a voluntary compliance agreement with Amalgamated Transit Union(ATU) Local Division 757 (located in Portland, Ore.) to conduct a new election and installation for the office of TriMet Light Rail Transportation Executive Board Officer on or before April 8, 2019 under the supervision of the Secretary of Labor.  The investigation established that Local Division 757 denied members the right to vote when it failed to provide the correct ballot type for certain members, in violation of Section 401(e) of the LMRDA.  In some instances this occurred despite the members’ attempt to obtain a corrected duplicate ballot.  The agreement follows an investigation by the OLMS San Francisco-Seattle District Office.

On December 6, 2018, OLMS entered into a voluntary compliance agreement with Laborers International Union of North America (LIUNA) Local 225 (located in Willow Spring, Ill.), concerning its June 8, 2018, election of officers.  The union agreed to conduct a new election and installation for the offices of vice president, secretary-treasurer, sergeant-at-arms, and delegate to the district council, under OLMS supervision on or before April 30, 2019.  The investigation concluded that the union denied members in good standing their right to run for office even though they met the candidate eligibility requirements.  The agreement follows an investigation by the OLMS Chicago District Office. 

On October 25, 2018, OLMS entered into a voluntary compliance agreement with American Federation of State, County and Municipal Employees (AFSCME) Council 4 (located in New Britain, Conn.), concerning its April and May 2018 election of council officers.  The OLMS investigation concluded that the union failed to provide adequate safeguards to ensure a fair election when it applied an unlawful restriction that denied qualified nominees their right to run for office and also denied delegates the opportunity to vote between qualified nominees for the same office.  The union agreed to conduct new nominations and a new election for executive director, president, secretary, and 17 vice president positions under OLMS supervision.  The supervised election will be completed before April 30, 2019.  The agreement follows an investigation by the OLMS Boston-Buffalo District Office. 

On October 22, 2018, OLMS entered into a voluntary compliance agreement with United Steel Workers/Turlock Emergency & Medical Services Association (USW/TEMSA) Local 12911 (located in Turlock, Calif.), to conduct a new election and installation for the office of vice president on or before February 25, 2019 under the supervision of the Secretary of Labor.  The OLMS investigation established that Local 12911 denied a candidate’s reasonable request to distribute campaign literature in violation of Section 401(c) of the LMRDA.  The agreement follows an investigation by the OLMS San Francisco-Seattle District Office.  

On October 9, 2018, OLMS entered into a voluntary compliance agreement with Security Police and Fire Professionals (SPFPA) Local 329 (located in Durham, N.C.) concerning an April 2, 2018 challenged election of union officers.  Local 329 agreed to hold new nominations, if necessary, and a new election for the positions of a new election and installation for the offices of president, vice president, secretary-treasurer, recording secretary, three trustees, sergeant-at-arms, and guide.  The investigation concluded that the local improperly failed to ensure that voted ballots could not be traced to an individual voter.  The agreement follows an investigation by the OLMS Atlanta-Nashville District Office. 

On August 31, 2018, OLMS entered into a voluntary compliance agreement with Steelworkers Local 2227-S (located in West Mifflin, Pa.), concerning its April 5, 2018 election of officers. The investigation concluded that Local 2227-S denied members in good standing the right to be candidates and hold office when it imposed an unreasonable candidacy requirement, which disqualified 96 percent of the local’s members to run for office.  The union agreed to conduct new nominations and election for the positions of president, vice president, recording secretary, financial secretary, treasurer, grievance zones 2, 3, 4, 5, 6, 7, and trustees (3) before November 30, 2018 under OLMS supervision.  The agreement follows an investigation by the OLMS Philadelphia-Pittsburgh District Office.  

On August 30, 2018, OLMS entered into a voluntary compliance agreement with CWA Local 14200 (located in Washington, D.C.) to conduct new nominations, a new election, and installation of officers for all officer positions including president, vice president, secretary-treasurer, executive board members (4), and sergeant-at-arms, on or before January 31, 2019 under the supervision of the Secretary of Labor.  The investigation established that Local 14200 denied members the right to be candidates and hold office when it implemented a new dues requirement that resulted in some members having to pay three years of back dues within approximately one month of nominations in order to be eligible to run for office.  The agreement follows an investigation by the OLMS Washington District Office.  

On August 7, 2018, OLMS entered into a voluntary compliance agreement with the National Association of Letter Carriers (NALC) Branch 40 (located in Valley View, Ohio) concerning the union’s election of officers conducted on February 9, 2018.  The union agreed to OLMS supervision of new nominations, if necessary, a new election, and installation for the offices of president, executive vice president, and MBA Representative.  The investigation of the challenged election disclosed that the local failed to provide eligible members the opportunity to vote when members were not mailed ballots and the union failed to provide adequate safeguards to ensure a fair election when steps were not taken to update the membership mailing list.  The agreement follows an investigation by the OLMS Cincinnati-Cleveland District Office.

On August 1, 2018, OLMS entered into a voluntary compliance agreement with Transport Workers Union (TWU) Local 575 (located in Euless, Tex.), concerning its February 16, 2018 election of officers.  The OLMS investigation concluded that Local 575 failed to follow its bylaws when it held an electronic/telephonic election instead of a mail ballot election.  The manner in which the election was held failed to provide observability of the election process.  The union agreed to conduct a new election for the positions of president, 2nd vice president, financial secretary-treasurer, recording secretary, and executive board member at large before November 30, 2018 under OLMS supervision.  The agreement follows an investigation by the OLMS Dallas-New Orleans District Office.  

On July 23, 2018, OLMS entered into a voluntary compliance agreement with the Office and Professional Employees International Union (OPEIU), Hawaii Nurses Association (HNA) Local 50 (located in Honolulu, Hawaii), concerning the union’s election of officers conducted on December 12, 2017.  The union agreed to OLMS supervision of new nominations, a new election, and installation for the offices of president, vice president, secretary, treasurer, trustees (3), Kaiser Foundation directors (2), Queen’s Medical Center director’s (4), and Kaiser respiratory therapist (1).  The investigation of the challenged election disclosed that the local failed to provide eligible members the opportunity to vote when new members were not mailed ballots and undelivered ballot packages, with better addresses, were not resent; the union failed to provide adequate safeguards to ensure a fair election when voted ballots were returned to the voter, not the post office box for voted ballots; and the union failed to follow the constitution and bylaws when it did not reopen nominations for president, treasurer and trustee after certain candidates had become ineligible because they were suspended from membership.  The agreement follows an investigation by the OLMS Los Angeles District Office. 

On July 16, 2018, OLMS entered into a voluntary compliance agreement with American Federation of Government Employees (AFGE) Local 2028 (located in Pittsburgh, Pa.), concerning its December 2017 mail ballot election of officers.  The OLMS investigation concluded that Local 2028 failed to mail notice of election to all members when it did not mail ballot packages, which contained the notice of election, to approximately 33 members whose mailing addresses were known to be bad.  The union agreed to conduct a new election for EEO officer, secretary treasurer, and executive vice president, under OLMS supervision before November 30, 2018.  The agreement follows an investigation by the OLMS Philadelphia-Pittsburgh District Office.

On July 11, 2018, OLMS entered into a voluntary compliance agreement with Bakery Confectionary Tobacco Workers & Grain Millers (BCTGM) Local 85 (located in Sacramento, Calif.), concerning a December 2017 challenged election of union officers. Local 85 agreed to hold a new election for secretary-treasurer/business agent, vice president, and executive board machine shop Sacramento/Fresno. The investigation concluded that a business employing the spouse of an incumbent officer allowed incumbent candidates to use its copier and paper to print campaign materials without charge. The investigation also found that an incumbent candidate campaigned using phone numbers acquired during the performance of his union duties. In addition, the investigation established that the union failed to mail a ballot to all members. The agreement follows an investigation by the OLMS San Francisco-Seattle District Office. 

On June 22, 2018, the Department entered into a voluntary compliance agreement with International Longshoremen’s Association (ILA) Local 1694-1 (located in Wilmington, Del.), concerning an election of union officers conducted on January 24, 2018.  The union agreed to conduct a new election and installation, and, if necessary, new nominations, for all officer positions that were contested in the election.  The union agreed that the new election will be conducted prior to August 24, 2018, under OLMS supervision.  The investigation concluded that the union violated section 401(e) of the LMRDA by failing to provide proper notice of nominations to all members, by permitting ineligible members or nonmembers to vote, and by miscounting ballots and/or challenged ballots.  Additionally, the union’s election procedures failed to ensure ballot secrecy in violation of section 401(b).  The agreement follows an investigation by the OLMS Philadelphia-Pittsburgh District Office.  

On June 18, 2018, OLMS entered into a voluntary compliance agreement with Amalgamated Transit Union (ATU) Local 836 (located in Grand Rapids, Mich.), to conduct new nominations, a new election, and installation of officers for all elected positions including president/business agent, vice president, financial secretary, recording secretary, executive seat #1, executive seat #2, ITP maintenance shop steward, MV chief shop steward, and MV shop steward on or before September 18, 2018 under the supervision of the Secretary of Labor.  The investigation established that Local 836 failed to mail a proper notice of election to all members at their last known address, failed to comply with a candidate’s reasonable request to distribute campaign literature, failed to provide proper notice of nominations in that the notice did not identify which officer positions would be nominated at the respective nomination meetings, and failed to provide members a reasonable opportunity to nominate candidates in that a member was denied access to a local nominations meeting.  Additionally, the investigation established that employer funds were used to promote the candidacy of two winning candidates in that copies of their campaign literature were made at an employer facility using employer equipment.  The agreement follows an investigation by the OLMS Detroit-Milwaukee District Office.

On May 31, 2018, the Department entered into a voluntary compliance agreement with the Patent Office Professional Association (POPA), located in Alexandria, Va., concerning an election of union officers conducted in November 2017.  POPA agreed to conduct a new election and installation, and, if necessary, new nominations, for the offices of president, vice president, secretary, assistant secretary, treasurer, chemical area delegates (9), designs and other area delegates (2), electrical area delegates (17), and mechanical area delegates (9).  The union agreed that the new election will be conducted prior to September 28, 2018, under the supervision of the Department of Labor.  The investigation concluded that POPA denied members the right to vote, in violation of section 401(e) of the LMRDA.  The investigation also concluded that POPA failed to provide proper notice of election, in violation of the section 401(e) requirement that an election notice be mailed to the last known home address of each member at least 15 days prior to the election.  Additionally, POPA failed to take reasonable steps to maintain and update its membership list, in that it had knowledge of updated addresses (e.g., through the NCOA system, through ballot packages containing forwarding address labels, etc.), yet failed to update its membership list with these corrected addresses.  The agreement follows an investigation by the OLMS Washington District Office.  

On May 29, 2018, the Department entered into a voluntary compliance agreement with Amalgamated Transit Union (ATU) Local 1764 (located in Silver Spring, Md.), concerning an election of union officers conducted in December 2017.  ATU Local 1764 agreed to conduct new nominations, a new election, and installation for the offices of president, vice president, financial secretary, and executive board member (MetroAccess).  The union agreed that the new election will be conducted prior to August 30, 2018, under the supervision of OLMS.  The investigation concluded that the union failed to properly apply a candidate qualification when it afforded some candidates an opportunity to perfect their eligibility prior to a second nomination meeting after they had previously been ruled ineligible at an earlier nomination meeting.  The investigation also found that the union denied one member the right to vote and failed to provide proper notice of election in that a ballot package (containing an election notice) that was returned as undeliverable was not re-mailed to the address on the USPS forwarding address label.  The agreement follows an investigation by the OLMS Washington District Office.  

On April 10, 2018, the Department entered into a voluntary compliance agreement with the Independent Soft Drink Workers Union (ISDWU), located in Liberty Township, Ohio, concerning an election of union officers conducted in November 2017.  ISDWU agreed to conduct new nominations, a new election, and installation for the offices of president, vice president, treasurer, secretary, and safety director.  ISDWU agreed that the new election will be conducted prior to July 9, 2018, under the supervision of OLMS.  The investigation concluded that the union failed to provide proper notice of nominations in that notices were not reasonably calculated to reach all members and lacked the required information.  The investigation also found that the union failed to provide adequate safeguards to ensure a fair election in that the union did not ensure that the membership address list was accurate and up to date; the union did not adopt controls to protect the ballots; candidates distributed and received absentee ballots; photo identification was not required to verify voter eligibility; and one candidate was permitted to remain at the polls all day on election day while two candidates were instructed to leave.  The investigation further concluded that the union failed to mail an election notice; moreover, the union failed to provide all members proper notice of the election, and even failed to inform members of the polling hours.  Additionally, the union failed to adhere to the LMRDA’s ballot secrecy requirement in that it counted a ballot identifying the voter, and did not ensure ballot secrecy for members who voted an absentee ballot.  The union also failed to properly count the ballots in that it counted a ballot that appeared to be photocopied or duplicated.  Finally, the investigation concluded that the union failed to maintain election records, failed to publish election results, and failed to follow its constitution and bylaws in that a candidate served on the election committee and a full (five-person) election committee was not appointed.  The agreement follows an investigation by the OLMS Cincinnati-Cleveland District Office.

On March 29, 2018, OLMS entered into a voluntary compliance agreement with National Postal Mail Handlers Union (NPMHU) Local 303 located in Los Angeles, CA concerning a challenged election conducted on October 3, 2017.  The union agreed to new nominations, if necessary, and a new election, for the office of treasurer under OLMS supervision.  The investigation of the challenged election disclosed that the Local failed to treat candidates equally with respect to distributing campaign literature when a portion of one candidate’s campaign literature was not properly mailed.  The agreement follows an investigation by the OLMS Los Angeles District Office.  

On March 28, 2018, OLMS entered into a voluntary compliance agreement with American Postal Workers Union (APWU) Local 2247 (located in Green Bay, Wis.) concerning a challenged election conducted on November 27, 2017.  The union agreed to new nominations, and a new election, for the offices of president, executive vice president, secretary treasurer, recording secretary, editor, clerk craft director, motor vehicle craft director, maintenance/custodial craft director, and state convention delegates under OLMS supervision.  The investigation of the challenged election disclosed that the Local failed to provide a proper notice of nominations and failed to treat candidates equally with respect to distributing campaign literature when the literature was edited prior to publishing.  The agreement follows an investigation by the OLMS Detroit-Milwaukee District Office.

On March 28, 2018, OLMS entered into a voluntary compliance agreement with LIUNA Local 814 (located in Morgantown, W. Va.) concerning a June 2017 challenged election of union officers. Local 415 agreed to hold new nominations, if necessary, and a new election for the positions of business manager and executive board member. The investigation concluded that the local improperly failed to count the ballots of some eligible members. The agreement follows an investigation by the OLMS Philadelphia/Pittsburgh District Office. 

On March 13, 2018, OLMS entered into a voluntary compliance agreement with Machinists District Lodge 70 (located in Wichita, Kans.) to conduct a new endorsement vote in Local Lodge 839, and a new election for the offices of DLG President Directing Business Representative and Secretary Treasurer before August 26, 2018 under the supervision of the Secretary of Labor. The agreement further states that if there are any uncontested races in the new election, new nominations in Local Lodge 839 and other local lodges may also be necessary.  The investigation established that DLG 70 failed to provide adequate notice of the election in violation of Section 401(e) when a total of 483 combined nomination/election notices were returned as undeliverable and no attempt was made to obtain current addresses or re-mail the notices even in cases where the post office provided forwarding address information.  Additionally, the investigation established that employer resources were used to campaign in violation of Section 401(g) when an employer e-mail system was used to disseminate campaign literature by employees who were on employer time.  The agreement follows an investigation by the OLMS Denver-St. Louis District Office.

On March 8, 2018, OLMS entered into a voluntary compliance agreement with American Federation of Government Employees (AFGE) Local 2206 (located in Birmingham, Ala.), concerning its May 2017 election of officers.  The OLMS investigation concluded that the local union’s use of an internet-based, electronic voting system violated the requirement for a “secret ballot” election, as defined by the LMRDA.  The investigation also found that the union failed to provide adequate safeguards to ensure a fair election as there was evidence some ballots were cast fraudulently; the electronic voting system did not permit candidates to fully observe the election process; and the union failed to preserve all election records for a one year period.  The union agreed to conduct new nominations and an election for all contested officer positions under OLMS supervision.  The supervised election will be completed before July 31, 2018.  The agreement follows an investigation by the OLMS Atlanta-Nashville District Office. 

On January 25, 2018, OLMS entered into a voluntary compliance agreement with International Longshoremen’s Association (ILA) Local 1740 (located in San Juan, P.R.), concerning an election of union officers conducted in June 2017.  Local 1740 agreed to conduct new nominations and a new election for all union officer positions before June 19, 2018, under OLMS supervision.  Local 1740 also agreed to amend its constitution and bylaws by April 19, 2018, to reflect its post-merger officer structure.  The investigation concluded that the local failed to conduct its election in accordance with its constitution and bylaws (or superseding governing documents), in that the officer positions on the ballot differed from those listed in the local constitution and bylaws.  Further, the local failed to conduct its election in accordance with the ILA International Constitution in that the written notice of nominations did not contain the offices to be filled.  The investigation also found that members were denied a reasonable opportunity to nominate candidates, in that no notice listing the offices to be filled was provided; members could not nominate any member for the positions of treasurer or fourth vocal; and one candidate accepted nomination for the guide position, but was subsequently listed on the ballot as a candidate for delegate.  The investigation also disclosed that the local failed to mail notice of the election to the last known home address of each member.  Additionally, the local denied members the right to vote when it failed to allow all of its members to vote for all of the union officers who represent them.  Lastly, the local failed to provide adequate safeguards to ensure a fair election when members cast absentee ballots via an informal process that undermined the LMRDA’s ballot secrecy requirement.  The agreement follows an investigation by the OLMS New York District Office. 

 

Last Updated: 1-4-19