Q1. I am concerned about the fairness of our upcoming union officer election. Can the U.S. Department of Labor (DOL) monitor our election?
A1. No. DOL cannot monitor a union's officer election on request. The Office of Labor-Management Standards (OLMS) within DOL becomes involved in the union officer election process only after receiving a properly filed complaint from a member of the union. Generally, a union member cannot go straight to OLMS with a complaint. The member must first take his or her complaint to the union.
The LMRDA requires a member to exhaust available internal union remedies or to pursue those remedies for three months without receiving a final decision from the union. When either of those requirements is met, a member may then file a complaint with OLMS. There is a time deadline for filing complaints with OLMS. The complaint must be received by OLMS within one calendar month of the date on which the member received the union's final decision or within the fourth calendar month from the date on which the member filed their complaint with the union if they have not received a final decision by that time. When a complaint is properly filed with OLMS, an investigation is conducted. If OLMS agrees that a violation occurred that may have affected the outcome of the election, OLMS may enter into an agreement with the union to supervise a re-run election; or, if the union does not agree to a supervised election, OLMS will file suit in Federal District Court to request a supervised re-run election.