U.S. Department of Labor
Office of Labor-Management Standards
Division of Enforcement
Washington, DC 20210
(202) 693-0143 Fax: (202) 693-1343
January 6, 2015
Dear :
This is to advise you of the disposition of your complaint filed with the Secretary of Labor alleging that violations of Title III of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), 29 U.S.C. §§ 461 – 466, as made applicable to federal sector unions by the Civil Service Reform Act of 1978 (CSRA), 5 U.S.C. § 7120(d) and 29 C.F.R. § 458.26, occurred with respect to a trusteeship imposed by the American Federation of Government Employees (AFGE), over Local 1786, in Quantico, Virginia.
An investigation was conducted by OLMS. After carefully reviewing the investigative findings, we have determined that legal action is not warranted in this case. Therefore, we are closing our file as of this date.
The basis for this decision is set forth in the enclosed Statement of Reasons.
Sincerely,
Patricia Fox
Chief, Division of Enforcement
Enclosure
cc: Christopher Wilkinson, Associate Solicitor
U.S. Department of Labor
Office of Labor-Management Standards
Division of Enforcement
Washington, DC 20210
(202) 693-0143 Fax: (202) 693-1343
January 6, 2015
J. David Cox, National President
American Federation of Government Employees (AFGE)
80 F Street, N.W.
Washington, D.C. 20001
Dear Mr. Cox:
This is to advise you of the disposition of a complaint filed with the Secretary of Labor alleging that violations of Title III of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), 29 U.S.C. §§ 461 – 466, as made applicable to federal sector unions by the Civil Service Reform Act of 1978 (CSRA), 5 U.S.C. § 7120(d) and 29 C.F.R. § 458.26, occurred with respect to a trusteeship imposed by the American Federation of Government Employees (AFGE), over Local 1786, in Quantico, Virginia.
An investigation was conducted by OLMS. After carefully reviewing the investigative findings, we have determined that legal action is not warranted in this case. Therefore, we are closing our file as of this date.
The basis for this decision is set forth in the enclosed Statement of Reasons.
Sincerely,
Patricia Fox
Chief, Division of Enforcement
Enclosure
cc: Christopher Wilkinson, Associate Solicitor
Statement of Reasons
For Dismissing the Complaint
Concerning the Trusteeship Imposed on
American Federation of Government Employees Local 1786
This Statement of Reasons is in response to a February 10, 2014 complaint filed with the United States Department of Labor. The complaint alleged that the trusteeship imposed on January 27, 2013, by the National Executive Council of the American Federation of Government Employees (AFGE), upon AFGE Local 1786 violated Title III of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), as made applicable to federal sector unions by the Civil Service Reform Act of 1978 (CSRA) and 29 C.F.R. § 458.26. The complaint is dismissed for the following reason.
In November and December, 2014, the AFGE administrators of the trusteeship held an election for Local 1786 officers and delegates. Nominations were made by November 10, 2013, and on December 10, 2014, the officers and delegates were elected. The position of Vice President required a run-off election, which was also completed on December 10, 2014. That same day, all newly-elected officers and delegates of Local 1786 were installed. With the installation of officers, AFGE has lifted the trusteeship and restored autonomy to Local 1786. Accordingly, allegations concerning the validity of the trusteeship are moot. A claim alleging improper imposition of a trusteeship becomes moot when the trusteeship is lifted. See Vars v. International Brotherhood of Boilermakers, 320 F.2d 576, 577 (2d Cir. 1963).
Therefore, this office has closed the file in this matter.