2021 U.S. DOL Civil LMRDA Enforcement Actions

US DOL Investigations

On February 25, 2021, American Federation of Government Employees (AFGE) Local 2145 (located in Richmond, Va.) entered into a settlement agreement with OLMS directing that the agency would supervise new nominations and election for the offices of president, executive vice president, and trustee chairman by December 2021. OLMS and AFGE Local 2145 further agreed that the local would waive a section of its bylaws so that individuals elected to office in this election would serve terms of office for at least 28 months, but no more than 36 months. The settlement was agreed to after the Department of Labor filed suit against AFGE Local 2145 in the U.S. Department of Labor’s Office of Administrative Law Judges. The OLMS investigation previously found that the union denied eligible members the right to vote when it did not provide members with sufficient information so they could request absentee ballots, and when the election committee chairman was not available to process the requests that were received. Additionally, the union failed to comply with candidates’ reasonable requests to distribute campaign literature at their expense when it did not make campaign literature mailing labels available to some of the candidates who had requested them until three days before the election. The agreement follows an investigation by the OLMS Washington District Office.

On January 8, 2021, in the United States District Court for the Eastern District of Pennsylvania, the Department filed suit against International Brotherhood of Electrical Workers (IBEW) Local 98 (located in Philadelphia, Pa.). The suit seeks to nullify the union’s June 2020 officer election void, and order Local 98 to conduct a new election with new nominations under the Secretary’s supervision as provided by the LMRDA. The complaint alleges that Local 98 violated Title IV of the LMRDA when incumbent officers and their supporters threatened and intimidated other members who sought to challenge incumbent union leadership. The complaint further alleges that this interference through threats and retaliation denied members the rights to nominate, be nominated, and vote for candidates of their choice without improper interference or threat of reprisal. The lawsuit follows an investigation by the OLMS Philadelphia-Pittsburgh District Office.

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