The Freedom of Information Act (FOIA)
Upon receipt of an actionable, timely-filed written election complaint from a union member, OLMS conducts an investigation to determine whether the union violated the election provisions of the LMRDA and related laws during the conduct of a regularly scheduled officer election and if any violation(s) may have affected the outcome of the election. In some cases, following an investigation aimed at determining if a member properly filed a complaint, OLMS field offices issue Dismissal Letters that administratively close cases due to procedural deficiencies.
If the member properly filed the complaint, but the OLMS investigation does not establish a violation that may have affected the outcome of the election, then OLMS issues a Statement of Reasons (SOR), which documents the agency’s reasons for dismissing the union member’s election complaint, rather than taking enforcement action.
If the Agency finds an election violation that may have affected the outcome of the election, it will seek a voluntary compliance agreement from the union for a remedial election supervised by OLMS or it will file suit seeking a supervised election. In these cases, the final agency action consists of agency Determinations certifying supervised elections conducted pursuant to voluntary compliance agreements, or Certifications of supervised elections conducted pursuant to court order.
Below are the most recent Election Decisions. OLMS will post these decisions prospectively, and will post decisions from previous years as they become electronically available.