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May 3, 2005    DOL Home > SOL > LML   

Division of Labor-Management Laws

STATUTES: The Division performs legal services for the Department under legislation that provides protections for members of labor organizations, members of the uniformed services, and mass transit employees. This legislation includes the Labor-Management Reporting and Disclosure Act (LMRDA); the Standards of Conduct provisions of the Civil Service Reform Act (CSRA); the Uniformed Services Employment and Reemployment Rights Act (USERRA) (formerly the Veterans' Reemployment Rights Act); the Veterans Employment Opportunities Act (VEOA); and Section 5333(b) (formerly Section 13(c)) of the Federal Transit law. The Division also provides legal services supporting the Department's activities at the International Labor Organization (ILO) and the World Trade Organization (WTO), the Department's activities under the North American Agreement on Labor Cooperation of the North American Free Trade Agreement (NAALC/NAFTA), and other activities relating to international labor law. Clients served by the Division include the Veterans' Employment and Training Service (VETS), the Office of Labor Management Standards (OLMS), and the Bureau of International Labor Affairs (ILAB).

ORGANIZATION: The Division is headed by an Associate Solicitor and Deputy Associate Solicitor. There are two supervisory attorneys (counsels), eleven staff attorneys, and four support staff members.

DESCRIPTION OF DUTIES: The LMRDA team is headed by a Counsel and is responsible for work relating to the LMRDA and the CSRA and for other matters concerning labor-management relations. The attorneys recommend bringing civil actions under the LMRDA and provide assistance to the Department of Justice in prosecuting these actions, they bring administrative actions under the CSRA, and they provide advice during the supervision of union officer elections. In addition, they prepare appeal recommendations for District Court LMRDA decisions, and either assist the Department of Justice or directly represent the Secretary of Labor in the Courts of Appeal. The Division also provides legal support to OLMS in its efforts to reach a negotiated settlement with the unions in LMRDA and CSRA cases. Furthermore, the attorneys provide oral and written opinions and assistance in preparing interpretative materials to the client agencies on LMRDA and CSRA issues, and on issues relating to other labor-management relations matters. Finally, the attorneys provide guidance to OLMS in preparing compliance assistance materials.

The VETS/Transit team is headed by a Counsel and is responsible for work relating to the USERRA, the VEOA, and the Federal Transit law. The attorneys review certifications of employee protective arrangements made under Section 5333(b) of the Federal Transit law and claims resolved under those arrangements. They provide assistance to the Regional Solicitors' Offices in prosecuting USERRA actions. They prepare appeal recommendations for District Court USERRA decisions and either assist the Department of Justice or directly represent the Secretary of Labor in the Courts of Appeal. The attorneys also provide oral and written opinions and assistance in preparing interpretative materials to the client agencies on USERRA, VEOA and Federal Transit law issues. In addition, the Division provides assistance to VETS in connection with its USERRA outreach and compliance assistance efforts.

All attorneys in the Division do international work, primarily relating to the Department's activities in connection with the ILO and the NAALC/NAFTA. Duties include providing legal advice to ILAB regarding the WTO, international trade and investment, immigration, and on matters relating to the U.S. participation in the ILO, including the drafting of reports on ILO conventions. Advice is also provided to the U.S. National Administrative Office regarding the NAALC/NAFTA public submissions, cooperative activities, and the NAALC Secretariat.



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