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Office of Labor-Management Standards (OLMS)

Voluntary Compliance Agreements 2012

On December 11, 2012, OLMS entered into a voluntary compliance agreement with Carpenters Local 315 (located in Kansas City, Mo.), concerning its June 20, 2012 runoff election for two delegate positions.  The OLMS investigation concluded that a district council business representative used a union cell phone and member contact information he had collected while working as a business representative to campaign to members during the runoff election, in violation of Section 401(g) of the LMRDA.  The union agreed to conduct a new runoff election for two delegate positions before March 31, 2013 under OLMS supervision.  The agreement follows an investigation by the OLMS St. Louis District Office.  

On November 12, 2012, OLMS entered into a voluntary compliance agreement with Steelworkers Local 13 (located in Independence, Mo.), concerning the challenged election of officers conducted on April 24, 2012.  The union agreed to conduct new nominations and a new election for the position of vice president under OLMS supervision.  The new election will be completed before February 28, 2013.  The OLMS investigation disclosed that Local 13 did not adequately update member address information, did not use an accurate voter eligibility list, failed to verify that eligible members only voted once, failed to keep a record of why some ballots were invalidated and not opened or counted, unreasonably imposed a candidacy requirement and failed to notify candidates of enforcement of this requirement until after nominations, and improperly voided five ballots in their entirety.  The agreement follows an investigation by the OLMS St. Louis District Office and Kansas City Resident Investigator Office.

On November 1, 2012, OLMS entered into a voluntary compliance agreement with American Federation of Government Employees (AFGE) Local 1120 (located in Boise, Idaho), concerning the challenged election on June 1, 2012.  The union agreed to conduct a new runoff election and installation for the office of president under OLMS supervision no later than March 31, 2013.  The investigation established that Local 1120 failed to elect by secret ballot when the identity of members casting ballots using the union’s internet electronic voting system could be linked with their vote and the vote of a member who cast a ballot by mail could be easily identified.  Additionally, the union did not provide candidates the opportunity to have observers at each stage of the election process since the election was conducted outside of the local union’s jurisdiction using an electronic voting system.  The agreement follows an investigation by the OLMS Denver District Office.

On September 25, 2012, OLMS entered into a voluntary compliance agreement with Service Employees International Union (SEIU) Local 2007 (located in Stanford, Calif.), concerning its September 20, 2011 election of officers.  Local 2007 agreed to conduct new nominations, a new election, and installation for the offices of president, vice president, secretary, treasurer, Stanford executive board delegates, and University of Santa Clara executive board delegate.  The election will be conducted under OLMS supervision before March 1, 2013.  The OLMS investigation determined that the local denied a member in good standing the right to run for office by using a candidacy requirement which required a member to be in continuous good standing for more than two years prior to nominations.  The agreement follows an investigation by the OLMS San Francisco District Office. 

On September 20, 2012, OLMS entered into a voluntary compliance agreement with the American Federation of Government Employees (AFGE) Local 3928 (located in Lincoln, Nebr.), concerning its election of officers held on March 20, 2012.  The OLMS investigation concluded that the local did not take adequate steps to update its membership list resulting in members not receiving election notices or timely absentee ballots, the absentee ballot procedure was inadequate, the election committee improperly removed absentee ballots from the post office box prior to the ballot tally, and ballots from eligible members were not included in the tally.  The union agreed to conduct a new election for the positions of president and vice president-USCIS under OLMS supervision.  The agreement follows an investigation by the OLMS St. Louis District Office. 

On August 17, 2012, OLMS entered into a voluntary compliance agreement with National Association of Broadcast Employees and Technicians, Communications Workers of America (NABET-CWA) Local 11 (located in New York, N.Y.), concerning its November 30, 2011 election of officers.  Local 11 agreed to conduct a new election and installation for the office of secretary.   The new election will be conducted under OLMS supervision by November 9, 2012.  The OLMS investigation determined that the union failed to respond in a timely manner to a request to mail campaign literature.  The agreement follows an investigation by the OLMS New York District Office.  

On June 26, 2012, OLMS entered into a voluntary compliance agreement with American Postal Workers Union (APWU) Local 211 (located in Marysville, Calif.), concerning the challenged election of officers conducted on December 7, 2011.  The union agreed to conduct a new election and installation for the only contested race of president.  The new election will occur on or before September 12, 2012 under OLMS supervision.  The OLMS investigation determined that the union failed to ensure adequate safeguards for a fair election insofar as ballot secrecy was potentially compromised.  The agreement follows an investigation by the OLMS San Francisco District Office.

On July 10, 2012, OLMS entered into a voluntary compliance agreement with National Association of Letter Carriers (NALC) Branch 142 (located in Washington, D.C.), concerning the challenged election of officers conducted on January 23, 2012.  The union agreed to conduct a new election, including new nominations (if necessary), under OLMS supervision by October 26, 2012.  The OLMS investigation of the challenged election disclosed that Branch 142 failed to provide adequate safeguards to ensure a fair election in that the post office box used for the election was accessed prior to the ballot tally and ballots were removed.  The agreement follows an investigation by the OLMS Washington District Office.

On July 6, 2012, OLMS entered into a voluntary compliance agreement with Communications Workers of America (CWA) Local 6215 (located in Dallas, Texas), concerning its election of officers completed on October 24, 2011.  The OLMS investigation concluded that the local imposed an unreasonable candidacy requirement (attendance at 6 of the 12 monthly local meetings prior to the nomination meeting) which disqualified over 98% of the members from running for office.  The investigation also revealed that an ineligible person voted and an eligible member’s vote was not counted.  The local agreed to conduct new nominations and a new election for the offices of chief steward for jurisdictions 4, 7, 8, and 17 under OLMS supervision.  The agreement follows an investigation by the OLMS Dallas District Office.

On May 25, 2012, OLMS entered into a voluntary compliance agreement with Communications Workers of America (CWA) Local 9421 (located in Sacramento, Calif.), concerning its election of officers completed on December 16, 2011.  The OLMS investigation concluded that eligible members’ votes were not counted and a large number of members were not mailed election notices/ballots.  The union agreed to conduct a new election for president, executive vice-president, secretary treasurer, first vice-president, second vice-president, third vice-president, and 10 executive board positions under OLMS supervision.  The agreement follows an investigation by the OLMS San Francisco District Office. 

On May 18, 2012, OLMS entered into a voluntary compliance agreement with Graphic Communications Conference, International Brotherhood of Teamsters (GCC-IBT) Local 137-C (located in Shavertown, Pa.), concerning its November 20, 2011 election of officers.  Local 137-C agreed to conduct new nominations, a new election, and installation of officers for all contested officer positions which include the president, vice president, secretary-treasurer, recording secretary, and seven executive board members.  The new election will occur by October 31, 2012 under OLMS supervision.  The OLMS investigation disclosed numerous safeguard violations related to the accountability, secrecy, and handling of ballots.  The agreement follows an investigation by the OLMS Philadelphia District Office.  

On May 4, 2012, OLMS entered into a voluntary compliance agreement with Communications Workers of America (CWA) Local 1022 (located in Millstone, N.J.), concerning its November 4, 2011 election of officers.  Local 1022 agreed to conduct new nominations, if necessary, a new election, and an installation for the office of secretary-treasurer under OLMS supervision.  The OLMS investigation disclosed that the local failed to timely honor a candidate’s request for the mailing of campaign literature.  The agreement follows an investigation by the OLMS New York District Office. 

On April 25, 2012, OLMS entered into a voluntary compliance agreement with American Postal Workers Union (APWU) Local 174 (located in Baton Rouge, La.), concerning its election of officers completed on November 16, 2011.  The OLMS investigation concluded that election irregularities had occurred.  The union agreed to conduct a new election for all offices under OLMS supervision.  The agreement follows an investigation by the OLMS New Orleans District Office. 

On April 25, 2012, OLMS entered into a voluntary compliance agreement with National Postal Mail Handlers Union (NPMHU) Local 303 (located in Los Angeles, Calif.), concerning its election of officers completed on October 14, 2011.  The OLMS investigation concluded that Local 303 had improperly allowed two ineligible candidates to run for office.  The union agreed to conduct a new election for Local 303 Vice President and Los Angeles Processing and Distribution Center Branch President under OLMS supervision.  The agreement follows an investigation by the OLMS Los Angeles District Office.

On April 5, 2012, OLMS entered into a voluntary compliance agreement with the United Industrial and Service Workers of America (UISWA), located in Colton, Calif., concerning its failure to hold mandatory elections of officers within three years as required by the LMRDA.   The union agreed to hold nominations and elections for all constitutional officer positions under OLMS supervision prior to August 31, 2012.  The agreement follows an investigation by the OLMS Los Angeles District Office.  

On April 3, 2012, OLMS entered into a voluntary compliance agreement with the Guam Federation of Teachers (GFT), American Federation of Teachers (AFT) Local 1581 (located in Mangilao, Guam), concerning the challenged election of officers conducted on February 25, 2011.  The union agreed to conduct new nominations, a new election, and installation for the office of president under OLMS supervision.  The OLMS investigation disclosed that 137 union members in good standing were denied a reasonable opportunity to vote when seven polling sites, listed on the notice of the election as sites at which balloting would be conducted, did not open.  The violation only affected the outcome of the election for the office of president.  The agreement follows an investigation by the OLMS San Francisco District Office. 

On March 19, 2012, OLMS entered into a voluntary compliance agreement with National Postal Mail Handlers Union (NPMHU) Local 307 (located in Detroit, Mich.), concerning the challenged election of officers conducted on February 26, 2010.  The union agreed to conduct an election of officers, including nominations, under OLMS supervision.  The OLMS investigation disclosed that Local 307 funds were used when a union newsletter was issued at union expense that was critical of one candidate in the election.  In addition, Local 307 erroneously omitted the name of a candidate in good standing from the ballot and failed to properly count the ballots.  The agreement follows an investigation by the OLMS Detroit District Office. 

On January 25, 2012, OLMS entered into a voluntary compliance agreement with the American Association of University Professors (AAUP), New York State Conference (NYSC), located in Syracuse, N.Y., concerning its election of officers completed on April 15, 2011.  The OLMS investigation concluded that the union failed to provide adequate safeguards in that some employers had access to some members’ voting credentials; failed to conduct the election by secret ballot; denied some members the right to vote in that they were not informed that the AAUP did not have an email address to which the credential and ballot email could be sent or they were not sent a credential and ballot email despite providing the union with a personal email address; and failed to provide adequate safeguards to ensure a fair election in that the accuracy of the vote tally could not be confirmed.  The agreement follows an investigation by the OLMS Buffalo District Office. 

On January 23, 2012, OLMS entered into a voluntary compliance agreement with the American Association of University Professors (AAUP), located in Washington, D.C., concerning its election of officers completed on April 15, 2011.  The OLMS investigation concluded that there was a lack of secrecy because the third party balloting agent could determine how members voted, a person who was no longer a member was a candidate, the nomination notice  for the Assembly of State Conferences (ASC) Chair position was inadequate when it was only emailed to members for whom the union had email addresses, some members were denied the right to vote in that they were not informed that the electronic ballot could not be sent to certain institutional email addresses or they were not sent an electronic ballot even though they provided a personal email address, and the union failed to provide adequate safeguards when employers and AAUP employees had access to some members’ voting credentials.  The union agreed to conduct new nominations and a new election for the ASC Chair and new nominations, if needed, and a new election for three at-large council members and District 1 through 10 council members under OLMS supervision.  The agreement follows an investigation by the OLMS Washington District Office. 

On January 13, 2012, OLMS entered into a voluntary compliance agreement with International Longshoremen’s Association (ILA) Local 1969 (located in Portage, Ind.), concerning the union’s non-uniform application and retroactive use of a candidate qualification.  The union agreed to conduct new nominations, a new election for the offices of president, business agent, and auditor, and an installation of officers under OLMS supervision.  The agreement follows an investigation by the OLMS Chicago District Office. 

On January 9, 2012, OLMS entered into a voluntary compliance agreement with Our Virgin Islands Labor Union (located in Christiansted, St Croix), concerning the union’s failure to hold its regularly scheduled election of officers and representative council.  The union agreed to conduct nominations, an election, and installation of officers and representative council under OLMS supervision.  The agreement follows an investigation by the OLMS Atlanta District Office.

 

Last Updated: 1-3-13