DOL Seeks to Overturn Tainted Elections at New Jersey Local

The Dep’t of Labor filed suit Mar. 30 in U.S. Dist. Court for the Dist. of N.J. against the North Jersey Area Local of the Am. Postal Workers Union. DOL’s probe of the local’s Apr. 18, 2000 election which disclosed the union used union resources to promote incumbent candidates. The complaint seeks a new election under DOL supervision for nine local union officer positions. [DOL 3/30/01]

St. Louis Local Conducted Unfair Nominations
On Mar. 29, 2001, the U.S. Dist. Court for the E. Dist. of Mo. issued an order agreeing in part with the Sec’y of Labor’s complaint challenging 1998 elections in Serv. Employees Int’l Union Local 50 based in St. Louis. The Dep’t of Labor’s complaint challenged both the reasonableness and application of a petition requirement for nomination to office. The court held that the requirement itself was reasonable, but agreed that it was not applied fairly and directed DOL to submit a proposed order for new elections under the supervision of the Sec’y. The DOL’s Office of Labor-Mgmt Standards St. Louis Dist. Office will supervise any remedial election. [DOL 3/29/01]

Michigan Boss Used Union Resources for Reelection
On Mar. 27, the U.S. Dist. Court for the W. Dist. of Mich. approved an agreement between the Dep’t of Labor and the Int’l Bhd. of Elec. Workers’s Local 1106 in settlement of DOL’s Dec. 2000 suit against the local. DOL filed suit against Local 1106, located in Mason, Mich., after an investigation found that in the local’s June 2000 officer election, the incumbent business manager/financial secretary used union resources to produce campaign mailings. Under the Stipulation of Settlement and Order issued by the court, the DOL will supervise an immediate new officer election in Local 1106 and certify the names of those elected to the court. [DOL 3/27/01]

DOL Seeks New Election at Honolulu Local
The Dep’t of Labor filed a suit June 4 in U.S. Dist. Court for the Dist. of Haw. against Int’l Bhd. of Elec. Workers Local 1357 seeking a new election for business manager-financial secretary under DOL supervision. DOL’s investigation found that the Honolulu-based local violated members’ federal right to support the candidate of their choice. Allegedly, the local wrongfully disqualified a member/candidate on the basis of union discipline. Allegedly, the unidentified discipline was imposed in violation of the Labor-Mgmt, Reporting & Disclosure Act of 1959. LMRDA’s “Safeguards against Improper Disciplinary Action” provision mandates: “No member of any labor organization may be fined, suspended, expelled, or otherwise disciplined except for nonpayment of dues by such organization or by any officer thereof unless such member has been (A) served with written specific charges; (B) given a reasonable time to prepare his defense; (C) afforded a full and fair hearing.” 29 U.S.C. § 411(a)(5). [DOL 6/4/01]