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HRD-81-158 1 (1981-09-30)

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                     UNITED STATES GENERAL ACCOUNTING OFFICE
                             WASHINGTON, D.C. 20548
                                                               .Z,


HUMAN RESOURCES                        September 30, 1931
   DIVISION

   Mr. Donald L. Dotson
   Assistant Secretary of Labor            I
      Management Relations
    Department of Labor

    Dear Mr. Dotson:

         Subject: Review of Department of Labor's Program
                   for Handling Union Election Complaints
                   (HRD-81-158)

         We have made a review of the Labor-Management Services
    Administration's (LSMA's) enforcement of the union election
    provisions in title IV of the Labor-Management Reporting
    and Disclosure Act of 1959, as amended (LMRDA) (29 U.S.C.
    401).

         Title IV gives union members the right to select their
    officers and representatives through democratic elections.
    It establishes terms of office and election procedures unions
    must follow in electing their officers and requires that
    elections comply with the unions' constitutions and bylaws.
    If union members believe their rights to a democratic election
    have been infringed, they can file a complaint with the union
    under its constitution and bylaws. However, if the member is
    not satisfied with the union's response, or has not received
    a final decision within 3 months, the member can then file a
    complaint with Labor under title IV.

         Our review revealed problems in LMSA's (1) monitoring
    of members' election complaints resolved by unions, (2)
    efforts in providing technical assistance to local union
    officials and members, and (3) program for detecting whether
    union members convicted of violating criminal law are serving
    as union officers in violation of LMRDA. We also noted that,
    because of restrictions on its authority under LMRDA, LMSA
    (1) does not investigate complaints concerning election of
    certain union officials, such as shop stewards and committee
    representatives, and (2) cannot include election violations
    the complainant was aware of, but did not include in the
    protest, in requesting court ordered election reruns.

         During our review we brought these problems to the
    attention of LMSA officials.



                                                        (207342)

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