2017 U.S. DOL Civil LMRDA Enforcement Actions

US DOL Investigations

On September 26, 2017, in the United States District Court for the Northern District of Texas, Fort Worth Division, the court granted the Department’s motion for summary judgment against the Association of Professional Flight Attendants (APFA), located in Euless, Tex.  The lawsuit sought to nullify the union’s January 9, 2016 election of national president, national vice president, national secretary, and national treasurer.  The complaint alleged that APFA used an electronic voting method that permitted voters to be linked to their votes, in violation of the ballot secrecy requirement of section 401(a) of the LMRDA.  Further, the electronic voting system used in the election did not permit an observer to verify that a vote was recorded and tallied accurately, in violation of section 401(c) of the LMRDA, which gives candidates the right to have an observer at the polls and at the counting of the ballots.  The court’s ruling follows an investigation by the OLMS Dallas-New Orleans District Office.  

On August 25, 2017, the United States District Court for the District of Nevada granted the Secretary’s motion for summary judgment against Local 872 of the Laborers International Union of North America (LIUNA) under Title IV of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA).  The Secretary brought suit seeking to nullify the local’s April 18, 2015 election for the office of vice president on grounds that Local 872 improperly applied its literacy and residency requirements to a nominee for vice president.  In granting the Secretary’s motion, the Court ruled that the literacy test applied by Local 872 was unreasonable and ordered a new election for vice president under the supervision of the Department.  The lawsuit follows an investigation by the OLMS Los Angeles District Office. 

On August 23, 2017, in the United States District Court for the Eastern District of Michigan, a Consent Decree and Order was entered to resolve the Department’s lawsuit against National Postal Mail Handlers Union (NPMHU) Local 307 (located in Detroit, Mich.).  The Consent Decree and Order provides that the Department will supervise new nominations and a new mail ballot election for the Local 307 offices of president, vice president, recording secretary, treasurer, state executive board member, Detroit Network Distribution Center branch president, and Grand Rapids branch president, and a run-off election, if necessary, no later than April 16, 2018.  The lawsuit sought to set aside the union’s February 26, 2016 election after the Department’s investigation concluded that the union failed to provide adequate safeguards to ensure a fair election and denied members in good standing their right to vote when envelopes containing members’ voted ballots were diverted from the regular mail processing stream and not included in the tally of ballots.  The settlement follows an investigation by the OLMS Detroit-Milwaukee District Office. 

On July 18, 2017, in the United States District Court for the District of Maryland, Prince George’s County, the court granted the Department’s motion for summary judgement in a lawsuit against Amalgamated Transit Union (ATU) Local 689 (located in Washington, D.C.).  The lawsuit sought to void the union’s December 2015 manual ballot election for 22 positions and was filed after an OLMS investigation determined that the union failed to mail notice of the election to all members; denied eligible members the right to be nominated and run for office; and failed to apply candidacy qualifications in a uniform manner.  The lawsuit followed an investigation by the OLMS Washington District Office. 


Source: Quoted verbatim from the U.S. DEPARTMENT OF LABOR