U.S. Department of Labor
Employment Standards Administration
Office of Labor-Management Standards
Washington, DC 20210
March 5, 2009
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Dear ||| ||||| ||| |||||||||| ||| ||| |||||||:
This is to advise you of the disposition of your complaint which was filed with the Office of Labor-Management Standards (OLMS) alleging that violations of Sections 458.26 and 458.28 of the Rules and Regulations of the Assistant Secretary issued pursuant to Section 7120(d) of the Civil Service Reform Act of 1978 (CSRA) occurred with respect to the trusteeship imposed by the American Federation of Government Employees over its Local 3313.
Pursuant to Section 458.50 of the Regulations, an investigation was conducted by OLMS. After carefully reviewing the investigative findings and after consulting with the Solicitor of Labor, we have determined that enforcement proceedings are not warranted in this case. We, are, therefore, closing our file as of this date. The basis for this decision is set forth in the enclosed statement of reasons.
Cynthia M. Downing
Chief, Division of Enforcement
Statement of Reasons
For Dismissing the Complaint From Members of
American Federation of Government Employees, Local 3313
Concerning the Alleged Imposition of a Trusteeship
in Topeka, Kansas
Members in good standing of Local 3313, American Federation of Government Employees, AFL-CIO, filed a complaint with the Secretary of Labor on May 6, 2008, alleging a violation of 29 C.F.R. §§ 458.26-458.28 and the Civil Service Reform Act of 1978, 5 U.S.C. § 7120, occurred with respect to the imposition of a trusteeship on Local 3313, by the American Federation of Government Employees on April 27, 2007.
The Department of Labor investigation established that on April 27, 2007, the American Federation of Government Employees imposed a trusteeship on Local 3313 because of a confirmed loss of leadership. However, the investigation further revealed that the National lifted the trusteeship on August 29, 2008, after nominations for office produced no contested officer races and officers were therefore elected by acclamation. Inasmuch as the trusteeship has been lifted, and the local’s autonomy has been restored, this matter does not require further action on the part of the Secretary.
For the reasons set forth above, the file on this matter is closed.