Office of Labor Management Standards, USDOL v. Government Employees AFGE, AFL-CIO, Local 3973, 2001-SOC-5 (ALJ Aug. 24, 2001)

U.S. Department of Labor

Office of Administrative Law Judges 800 K Street, NW, Suite 400-N Washington, DC 20001-8002

Date Issued: August 24, 2001

Case Number: 2001-SOC-00005

In the Matter of:

OFFICE OF LABOR MANAGEMENT
STANDARDS, U.S. DEPARTMENT
OF LABOR,
    Complainant

    v.

GOVERNMENT EMPLOYEES AFGE,
AFL-CIO, LOCAL 3973, STEVE
BERRYMAN and JEAN WEBER,
    Respondents

Before: THOMAS M. BURKE
    Associate Chief Judge

   This case arises under Title VII of the Civil Service Reform Act of 1978, 5 U.S.C. §§ 7101, et seq.; the Labor-Management Reporting and Disclosure Act, 29 U.S. §§ 481 et seq.; and the Standards of Conduct Regulations (SOC) at 29 C.F.R. Parts 457-459.

   By letter dated January 10, 2001, the Office of Labor Management Standards of the United States Department of Labor (Complainant) notified Government Employees AFGE, Local 397, Steve Berryman , and Jean Weber (Respondents) of their failure to file Labor Organization Annual Financial Report on Form LM-3 for fiscal year ending December 31, 1999. Respondents were afforded an opportunity to request a conference with Complainant and informed that failure to request a conference may result in the filing of a Complaint with the Office of Administrative Law Judges (Office).

   Subsequently, on March 26, 2001, Complainant filed a Complaint against Respondents with this Office. Complainant alleges that Respondents failed and refused to file

Labor Organization Annual Financial Report on Form LM-3 in violation of 5 U.S.C. § 7120(c). On April 11, 2001, this Office issued a Notice of Docketing instructing Respondents to answer the Complaint. Due to the failure of Respondents to comply with the Notice of Docketing, this Office issued an Order to Show Cause on June 27, 2001. The Show Cause Order directed Respondents to explain why a default decision should not be entered in this

matter. To date, Respondents have failed to comply with the Notice of Docketing and the Order to Show Cause. The regulations at 29 C.F.R. § 18.6(d)(2)(v) provide that:

If a party or an officer or agent of a party fails to comply with a subpoena or with an order, . . . or any other order of the administrative law judge, the administrative law judge, for the purpose of permitting resolution of the relevant issues and disposition of the proceeding without unnecessary delay despite such failure, may . . . [r]ule that a pleading, or part of a pleading, or a motion or other submission by the non-complying party, concerning which the order or subpoena was issued, be stricken, or that a decision of the proceeding be rendered against the non-complying party, or both.

   After reviewing the record and considering Respondents' failure to participate in this matter, a Judgment by Default is entered against Respondents. Since Respondents did not file an answer to the Complaint, the following findings set forth in the Complaint are taken as admitted by Respondents.

1. Government Employees AFGE, Local 3973, is a labor organization representing government employees within the meaning of 5 U.S.C. § 7103(a)(4) and C.F.R. § 457.11 and Steve Berryman and Jean Weber are and have been President and Secretary-Treasure of AFGE Local 3973, respectively, during the course of this proceeding.

2. Respondents have failed and refused to file a Labor Organization Annual Financial Report on Form LM-3 for the fiscal year ending December 31, 1999, in violation of 5 U.S.C. § 7120 and 5 U.S.C. § 457 et seq.

3. In accordance with 29 C.F.R. § 458.66, Respondents were notified of the violation concerning the reporting requirements and they were afforded an opportunity to request a conference.

   In consideration of the aforesaid findings, IT IS HEREBY RECOMMENDED TO the Assistant Secretary of Labor pursuant to 29 C.F.R. § 458.88 that Respondents be ORDERED to:

1. file a report on Form LM-3 for fiscal year ending December 1999,

2. cease and desist from failing to comply timely with reporting requirements,

3. inform their members of the course and outcome of this litigation by all means possible including posting copies of all documents filed in this matter in a prominent position on all bulleting boards used to display information about Union, and mailing a letter to all Union members informing them of the filing of the complaint and all orders issued in this matter, and

4. pay the cost of this action and any other and further relief as may be appropriate.

      THOMAS M. BURKE
      Associate Chief Judge

Washington, D.C.

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