U.S. DOL complaint for new election in Laborers local 872

Laborers for JUSTICE www.thelaborers.net see PDF version of complaint

Local 872 has some explaining to do, and the Feds are listening closely

DANIEL G. BOGDEN
United States Attorney
BLAINE T. WELSH
Assistant United States Attorney
NV Bar No. 4790
333 South Las Vegas Boulevard
Las Vegas, Nevada 89101
Telephone No.
(702) 388-6336
Fax No. (702) 388-6787

Norman Garcia
Trial Attorney
CA Bar No. 215626
Office of the Solicitor
U.S. Department of Labor
71 Stevenson St., Room 1110
San Francisco, CA 94105
Telephone No. (415) 975-4051
Fax No. (415)975-4495

Attorneys for Plaintiff

UNITED' STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

_________________________________________
ELAINE L. CHAO, Secretary of Labor
United States Department of Labor,

CV-S-04-0638-RCJ-LRL

Plaintiff,

vs.

LOCAL 872, LABORERS' INTERNATIONAL                  )
UNION OF NORTH AMERICA, AFL-CIO,                       )
                                                                                              )
Defendant.                                                                              )

COMPLAINT FOR RELIEF UNDER THE LABOR-MANAGEMENT REPORTING AND
DISCLOSURE ACT OF 1959, 29 U.S.C. # 482(c)

Plaintiff Elaine L. Chao, Secretary of Labor, alleges as
follows:

JURISDICTION AND VENUE

1. This Court has jurisdiction over this action pursuant to
29 U.S.C. § 482(b), 28 U.S.C. § 1331, and 28 U.S.C. § 1345.

2. Venue lies in the district pursuant to 29 U.S.C. §
482(b) and 28 U.S.C. § 1391(b) because the defendant maintains
its principal office in Las Vegas within the unofficial Southern
Division of the District of Nevada.

NATURE OF THE ACTION

3. Plaintiff brings this action under Title IV of the
Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C.
§§ 401-484 (the "Act"), for a judgment declaring that defendant's
September 18, 2003, election for all offices is null and void,
directing defendant to conduct a new election for all offices
under plaintiff's supervision, and ordering other appropriate
relief.

PARTIES

4. Plaintiff Elaine L. Chao is the Secretary of Labor,
United States Department of Labor. Plaintiff is authorized to
bring this action by 29 U.S.C. § 482(b).

5. Defendant is an unincorporated association maintaining
its principal office in the County of Clark, within the District
of Nevada.

FACTUAL ALLEGATIONS

6. Defendant is, and at all times relevant to this action
has been, a local labor organization engaged in an industry

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affecting commerce within the meaning of sections 3(i), 3(j) and
401(b) of the Act (29 U.S.C. §§ 402(i), 402(j) and 481(b)).

7. Defendant is, and at all times relevant to this action
has been, chartered by and subordinate to the Laborers'
International Union of North America, AFL-CIO, hereinafter
referred to as the International, an international labor
organization engaged in an industry affecting commerce within the
meaning of sections 3(i) and 3(j) of the Act (29 U.S.C. §§ 402(i)
and 402(j)).

8. On September 18, 2003, defendant, purporting to act
pursuant to its Bylaws and the International's Constitution,
conducted an election of officers, which was subject to the
provisions of Title IV of the Act (29 U.S.C. §§ 481-483).

9. By letter dated September 23, 2003, to the Election
Officer, Daniel E. Clifton, the complainant, David Martin, a
member in good standing of defendant, protested the defendant's
September 18, 2003, election of officers.

10. By letter dated October 17, 2003, the Election Officer
denied the complaint.

11. By letter dated November 14, 2003, Martin appealed the
Election Officer's denial to the Special Elections Officer,
Joseph Guerrieri, Jr.

12. Having invoked the available remedies for three
calendar months without receiving a final decision, the
complainant filed a timely complaint with the Secretary of Labor

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on January 21, 2004, in accordance with the provisions of section
402(a)(2) of the Act (29 U.S.C. § 482(a)(2)).

13. By letter dated February 13, 2004, the defendant agreed
that the time within which the plaintiff may bring suit with
respect to the defendant's aforesaid election be extended to
April 5, 2004. By letter dated March 26, 2004, the defendant
agreed that the time within which the plaintiff may bring suit
with respect to the defendant's aforesaid election be extended
from April 5, 2004 to April 30, 2004. By letter dated April 22,
2004, the defendant agreed that the time within which the
plaintiff may bring suit with respect to the defendant's
aforesaid election be extended from April 30, 2004 to May 14,
2004.

14. Pursuant to section 601 of the Act (29 U.S.C. § 521),
and in accordance with section 402(b) of the Act (29 U.S.C. §
482(b)), the plaintiff investigated the complaint and, as a
result of the facts shown by her investigation, found probable
cause to believe that violations of Title IV of the Act (29
U.S.C. §§ 481-483) had occurred in the conduct of the defendant's
September 18, 2003 election that had not been remedied at the
time of the institution of this action.

15. Section 401(c) of the Act (29 U.S.C. § 481(c)) was
violated in the conduct of the defendant's aforesaid election in
that the defendant did not timely comply with a member's
reasonable request for a mailing of campaign literature, and the
mailing did not occur until after the ballots had been mailed

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such that a sufficient number of votes that could have affected
the outcome in all races may have been cast before union members
received the campaign literature.

16. Section 401(c) of the Act (29 U.S.C. § 481(c)) was
violated in the conduct of the defendant's aforesaid election
when the defendant failed to mail a newsletter containing the
candidates' campaign material until after the ballots had been
mailed such that a sufficient number of votes that could have
affected the outcome in all races may have been cast before union
members received defendant's newsletter.

PRAYER FOR RELIEF

WHEREFORE, plaintiff prays for judgment:

(a) declaring the defendant's election for the offices of
President, Vice President, Recording Secretary, Business Manager/
Secretary Treasurer, Sergeant at Arms, three Auditors, three
Executive Board Members, and three Delegates to the District
Council to be null and void;

(b) directing the defendant to conduct a new election for
those officer positions, under the supervision of the plaintiff,

(d) ordering such other relief as may be appropriate.
Respectfully submitted this 14th day of May, 2004.

PETER D. KEISLER
Assistant Attorney General

DANIEL G. BOGDEN
United States Attorney

By__________________________
BLAINE T. WELSH
Assistant United States Attorney
NORMAN GARCIA
Trial Attorney
U.S. Department of Labor

Of Counsel:

HOWARD M. RADZELY
Solicitor of Labor
NATHANIEL I. SPILLER
Acting Deputy
Associate Solicitor
SUSANNE LEWALD
Regional Solicitor
ANDREW D. AUERBACH
Counsel for
Labor-Management Programs
J. MATTHEW MCCRACKEN
Attorney
U.S. Department of Labor

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