Local 2459, American Federation of Government Employees, AFL-CIO, 2000-SOC-4 (ALJ Feb. 6, 2002)

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Local 2459, American Federation of Government Employees, AFL-CIO, AFL-CIO, 2000-SOC-4 (ALJ Feb. 6, 2002)

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Issue date: 06Feb2002

CASE NO. 2000-SOC-00004

In the Matter of

LOCAL 2459, AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES, AFL-CIO
Respondent

RECOMMENDED DECISION AND ORDER
DISMISSING COMPLAINT

This proceeding arose under the standards of conduct provisions of the Civil Service Reform Act of 1978, 5 U.S.C. 7120, and the implementing regulation, 29 C.F.R. parts 457 - 459, as a result of a complaint filed by the Chief of the Division of Enforcement (DOE), Office of Labor-Management Standards, Employment Standards Administration seeking a new officer election under his supervision.

The parties subsequently reached a settlement agreement which was approved and adopted by Administrative Law Judge James W. Kerr, Jr.¹ calling for a new mail ballot election for all executive board positions under the supervision of the Chief, DOE. On February 9, 2001, Administrative Law Judge Kerr issued a Consent Agreement and Order which on March 5, 2001, was adopted by the Acting Assistant Secretary for Employment Standards.

On January 28, 2002, the Office of the Solicitor forward the Certification of Election for the Acting Chief, DOE, certifying that the election was conducted under the supervision of the Chief, DOE, pursuant to the February 9, 2001 Consent Agreement and Order, in accordance with the provisions of Title IV of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. § 481, et seq.), insofar as made applicable to elections of federal sector unions, by 29 C.F.R. § 458.29, and, in conformity with the Constitution of the American Federation of Government Employees and the Constitution and Bylaws of Local 2459, insofar as lawful and practicable, and no complaints having been received concerning the conduct thereof. The Acting Chief, DOE, further certified that the following named candidates were duly elected: Mark Thomas (President), Mark Rushing (1st Vice President), Brenda Kay Priestly (2nd Vice President), Frank Tavarez (Treasurer), John Tosh (Secretary), Raleigh Clemmer (Sergeant-at-Arms) and Andrew Thompson (Chief Steward).

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Having reviewed the certification I find that such persons have been elected as shown by such certification, to serve for the term of office commencing on the date of installation and ending upon installation of new officers subsequent to Local 2459's next regular election in February 2003.

Having determined that the parties freely and willingly signed the Consent Agreement, free from coercion, fraud or duress, I hereby recommend that the Consent Agreement be APPROVED, and that, the terms of the Consent Agreement having been carried out, this matter be DISMISSED. Each party shall bear its/his own attorney's fees, costs and other expenses incurred by such party in connection with these proceeding including, but not limited to, attorney's fees which may be available under the Equal Access to Justice Act, as amended. In accordance with 29 C.F.R. 458.70, I hereby transmit this Recommended Decision and Order, along with the entire case file, to the Assistant Secretary of Labor for appropriate action.

LARRY W. PRICE
Administrative Law Judge

LWP:map

NOTICE OF APPEAL RIGHTS: Exceptions to the administrative law judge's Recommended Decision and Order may be filed by any party with the Assistant Secretary for Employment Standards Administration in Washington. This must be done within (15) days after service of the Recommended Decision and Order provided that the Assistant Secretary may for good cause shown extend the time for filing such exceptions.

[ENDNOTES]

¹ This case was reassigned to the undersigned due to Administrative Law Judge Kerr's departure from the Office of Administrative Law Judges, United States Department of Labor.