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The Office of Labor-Management Standards (OLMS) is part of the Employment Standards Administration of
the U.S. Department of Labor. OLMS has the primary responsibility for administering and enforcing most provisions
of the Labor-Management Reporting and Disclosure Act (LMRDA). The LMRDA was enacted by Congress to ensure basic
standards of democracy and fiscal responsibility in unions representing employees in the private sector. Title IV
of the LMRDA establishes basic standards that unions must follow when electing their officers. In addition to other
responsibilities, OLMS investigates complaints about union officer elections to determine whether they were conducted
in accordance with LMRDA Title IV.
Here are the stages in an OLMS election investigation:
Receipt of Complaint
OLMS conducts investigations of regularly scheduled union officer elections only upon receipt of a complaint from a member
protesting an election. Before filing an election complaint with OLMS, a member must have either exhausted internal remedies within
the union or pursued them for three months without obtaining a final decision from the union.
Preliminary Analysis
After receiving a complaint, but before opening a case, OLMS reviews the
complaint to determine if the following elements are satisfied:
- the complainant is a member of the union holding the election
- the union is covered by the LMRDA
- the election was a regular, periodic election of union officers (or of delegates who will elect officers)
- the allegations, if true, constitute violations of LMRDA Title IV
- the complaint was filed with OLMS within one calendar month after the complaining member either properly
exhausted internal union remedies or properly invoked internal remedies for three calendar months without obtaining
a final decision
List in the union newspaper and announce
at meetings the names of members whom the union has been unable to contact
and ask fellow members if they know how to reach them.
If any one of the above elements is not satisfied, OLMS will not open a case and the complainant will
be advised accordingly.
Parent Body Contact
During the initial stages of its investigation, OLMS contacts the union's parent body by telephone or in
person to obtain its position as to whether the complainant has properly exhausted or invoked internal union
remedies and filed a complaint with OLMS in a timely manner. In some instances, OLMS may request documents relating
to the exhaustion of remedies, specific issues raised in the complaint, or an interpretation of provisions in the
parent body's constitution.
Investigation
At the start of an investigation, OLMS interviews the complainant about the allegations raised to obtain
necessary details. Although OLMS will not provide the union with a copy of the complaint filed with OLMS,
union officials are advised of the nature of the allegations.
As part of its investigation to resolve the allegations raised in a complaint, OLMS
- Reviews provisions of the union constitution and bylaws and any other union rules.
- Interviews election officials, union officers, employees and members, and others who may be able
to provide background information as well as details about the election procedures and the allegations
raised in the complaint.
- Reviews election records such as voter eligibility lists, ballots, notices, and tally sheets.
A Report of Investigation is prepared for internal agency use summarizing the allegations raised and the
corresponding investigative findings. To resolve election challenges expeditiously and minimize government
involvement in a union's affairs, OLMS is required by the LMRDA to complete its investigation within 60 days
after the complaint has been filed. In certain situations, however, additional time is needed to resolve the
allegations and the union and OLMS agree to extend this statutory deadline.
Case Review and Determination
The Report of Investigation is forwarded to the OLMS Division of Enforcement in Washington, D.C., for
review and a decision as to what action is appropriate. OLMS consults with the Solicitor of Labor during this process.
For any Title IV violations found, OLMS determines the number of votes affected and the possible impact on election results.
A Summary of Violations Letter is sent to both the subject union and its parent body. This letter is intended to notify the
union of the preliminary investigative findings and provide the union with an opportunity to present additional information
about the allegations.
If OLMS determines that an allegation raised has no merit, or that a violation occurred but could not have
affected the election outcome, no further action is necessary and OLMS closes the case. A Statement of Reasons,
listing the specific reasons why the case is being closed, is sent to the complainant, the subject union, and the
parent body.
Voluntary Compliance Agreement or Litigation
The Summary of Violations Letter also gives the union an opportunity to correct the violations by entering
into a Voluntary Compliance Agreement in which the union consents to take certain remedial actions, such as rerunning
the election under OLMS supervision or installing properly elected officers.
If an investigation reveals violations that may have affected the election outcome and voluntary compliance
is not obtained, OLMS will file suit to have a federal district court set aside the challenged election and order a
new election under OLMS supervision. The challenged election is presumed valid in the interim and the officers elected
remain in office pending a final decision by the district court.
Last Updated: January 30, 2007
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