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 December 3, 2012, 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 July 26, 2012, by the International Association of Fire Fighters (IAFF) in Washington, DC.
Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that some locals in District 5 failed to elect delegates and proxies by secret ballot or without proper nomination or election notice in violation of Sections 401(a) and 401(e) of the LMRDA.
Apprised of these findings, IAFF agreed to conduct new nominations if necessary, a new election and installation for the office of District 5 Vice President under the supervision of the Secretary of Labor, in accordance with Title IV of the LMRDA. The agreed upon remedial election was concluded on July 30, 2013. 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 International Association of Fire Fighters (IAFF) on July 26, 2012, 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 July 30, 2013.
Therefore, civil action under Section 402(b) of the LMRDA to set aside the election conducted on July 26, 2012 is not warranted.
Signed this 5th day of September, 2013.
Patricia Fox
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
September 6, 2013
Dear
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Patricia Fox
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
September 6, 2013
Mr. Harold Schaitberger, General President
International Association of Fire Fighters (IAFF)
1750 New York Avenue, NW
Washington, DC 20006
Dear Mr. Schaitberger:
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Patricia Fox
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
September 6, 2013
Legal Counsel IAFF
1750 New York Avenue, NW
Washington, DC 20006
Dear :
The enclosed Determination represents the Department's final disposition of the matter mentioned therein.
Sincerely,
Patricia Fox
Chief, Division of Enforcement
Enclosure