USDOL v.
National Federation of Federal Employees, 1999-SOC-3 (ALJ Feb. 5, 2001)
U.S. Department of
Labor
Office of Administrative Law Judges 800 K Street, NW, Suite 400-N Washington,
DC 20001-8002
Date Issued: 2-5-01
Case No.: 99-SOC-3
In the Matter of
Chief, Division of Enforcement, Office of
Labor-Management Standards Administration, (DOL)
Complainant
v.
National Federation of Federal Employees,
Respondent
RECOMMENDED DECISION AND ORDER
DISMISSING COMPLAINT
On June 1, 1999, the Chief, Division of Enforcement, Office of Labor-
Management Standards Administration, filed a complaint pursuant to Title VII of the Civil
Service Reform Act of 1978, 5 U.S.C. §§ 7101 et seq, and the implementing
regulations at 29 C.F.R. Part 457 and 458. The Complaint alleged that an election was conducted
by the National Federation of Federal Employees on September 2, 1998, supervised by the
Secretary of Labor. Following the election, Mr. Al Schmidt, the Complainant, filed a complaint
with the Secretary of Labor, which was investigated by the Chief, who determined that there was
probable cause to believe that a violation of the CSRA had occurred in the conduct of the
election which had not been remedied, and which may have affected the outcome of the election.
The national was notified of these findings, and ordered to rerun its election under the Secretary's
supervision for the offices of National president and national secretary treasurer. The national
was unwilling to rerun the election for these offices.
Specifically, the Chief determined that Section 401(g) of the
LMRDA, 29 U.S.C. 481(g), was violated during the election in that moneys of a labor
organization were applied to promote the candidacies of persons in the election when statements
critical of the Complainant, the incumbent national president, and by inference Joyce James, his
running mate and candidate for National secretary treasurer, were made in a memorandum that
was composed on union equipment, and printed on union letterhead; and that moneys of an
employer were applied to promote the candidacies of persons in the election when these
statements were transmitted using the employer's office equipment.
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The Chief requested that the September 2, 1998 election for the
offices of national president and national secretary treasurer be declared null and void, and
directed the national to conduct a new election for these offices under the supervision of the
Chief.
A hearing was scheduled on December 1, 1999. At that time, the
parties appeared and informed the Court that they had reached agreement for a settlement of the
dispute that was the subject of the complaint. The agreement, which is attached hereto and
incorporated herein, provided that the National would conduct a remedial election for the offices
of national president and national secretary-treasurer under the supervision of the Chief, as
further described in the settlement agreement. By the terms of the settlement agreement, this
Court was to retain jurisdiction until the results of the election were certified by the Chief,
Division of Enforcement, OLMS, and the officers were installed, and the Court entered a decree
dismissing the Complaint.
On January 23, 2001, the Solicitor submitted a Motion for Entry of
Final Judgment addressed to the Assistant Secretary for Employment Standards. Attached was a
Certification of Election signed by Lary F. Yud, the Chief, Division of Enforcement, certifying
the results of the new election, that is, that Richard N. Brown had been duly elected as President,
Directing Business Representative, and that Thomas Ray had been duly elected as Secretary-
Treasurer. Mr. Yud also attached a Declaration that set forth the protest by Mr. Schmidt in
regard to alleged violations that occurred during the conduct of the election, as well as Mr. Yud's
investigative findings.
I have reviewed Mr. Yud's certification, and pursuant to the terms
of the Settlement Agreement, I find that it is appropriate for me to dismiss the original complaint
that was before me, that is the complaint involving the use of union and employer facilities
during the course of the original election.
Having determined that the parties freely and willingly signed the
Settlement Agreement, free from coercion, fraud, or duress, I hereby recommend that the
Settlement Agreement, the terms of which are specifically incorporated herein, be
APPROVED, and that, the terms of the Settlement Agreement having been carried out,
this matter be DISMISSED. In accordance with 29 C.F.R. Part 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.