BNA Daily Labor Reporter

No. 96                                                            Page A-5
 Thursday, May 18, 2006                 Chicago and New York City Carpenters files                                 
                                                                           
 ISSN 1522-5968                                                            
                                                                           
&                                                     News             
 Unions                                                                    
 Labor Department Sues Carpenters Union,                   Complaint in PDF format                
 Charging Faulty Election of Regional Officers                             
  
                  CHICAGO--The Department of Labor is
                  seeking a court order voiding the election
                  of officers to the Chicago Regional
                  Council of Carpenters (CRC) in response to
                  complaints that the incumbent officers
                  held a secretive, undemocratic election in
                  violation of the Labor-Management
                  Reporting and Disclosure Act(Chao v.
                  Chicago Regional Council of Carpenters,
                  N.D. Ill., No. 06 CV 2555, 5/8/06).

                  The Labor Department suit, filed in the
                  U.S. District Court for the Northern
                  District of Illinois May 8, asks a federal
                  judge to order the CRC to hold new
                  nominations and elections for the offices
                  of: president/executive
                  secretary-treasurer, first vice president,
                  second vice president, warden, conductor,
                  three trustees, and three regional council
                  business representatives. In addition, the
                  suit demands that the CRC conduct new
                  nominations and elections of delegates for
                  all 42 locals within the regional body.

                  The CRC, which is affiliated with the
                  Carpenters and Joiners of America,
                  represents some 47,000 carpenters in 82
                  counties in northern Illinois, southern
                  Wisconsin, and eastern Iowa.

                  The Labor Department's suit points to two
                  major problems with the CRC's election by
                  acclamation of officers on July 9, 2005.
                  The suit alleges a violation of Section
                  401(e) of the LMRDA because "members were
                  denied a reasonable opportunity to
                  nominate and to be nominated as delegates
                  because of an unreasonable candidacy
                  qualification, which required nominees for
                  CRC officers to have served as a delegate
                  for three successive years prior to
                  nominations."

                  The suit also alleges a violation under
                  Section 401(d) of the LMRDA in that not
                  all delegates participating in the CRC
                  nominations and election were actually
                  elected by secret ballot by the
                  memberships of the locals they represent.

                  The suit stems from a series of complaints
                  lodged by four Chicago Carpenters union
                  members following the July 9 election. In
                  August 2005, the four members filed
                  complaints with UBC General President
                  Douglas McCarron, as required under the
                  international union's constitution. When
                  the complainants failed to receive a final
                  decision from the general president, they
                  filed individual complaints with the Labor
                  Department.

                  Jeff Fearon, one of the four complainants,
                  said the entire process was rigged to
                  retain the previous slate of officers and
                  delegates and to suppress dissent.

                  Fearon accused the CRC of holding a
                  completely closed election process. He
                  said no notice of the election was
                  provided to the membership, and that
                  members only learned of the election after
                  completion of the process. He added that
                  none of the positions were contested and
                  that voting was done by acclamation.
                  Moreover, Fearon said many delegates from
                  the individual locals were appointed and
                  were not duly elected by the members of
                  those locals.

                  "All we're looking for is a level playing
                  field," Fearon told BNA. "By law this
                  union is supposed to have free and fair
                  elections, but that's not happening. We're
                  supposed to have a process that resembles
                  the American political system, but it
                  never seems to happen."

                  Gene Tenner, director of communications
                  for the CRC, declined to comment on the
                  Labor Department's complaint. Tenner said
                  the CRC does not comment on matters being
                  litigated.(Embedded image moved to file:
                  pic30527.gif)


                        By Michael Bologna