Tips for DOL Compliance

DOL Election Investigations

After a member of your union has exhausted all internal union remedies for protesting an officer election, that member may decide to file a complaint with the U.S. Department of Labor (DOL). If a properly filed complaint to DOL alleges activities that might violate federal law, your union may find DOL investigating your officer election. If DOL determines that there were violations in your election procedures that might have affected the outcome of the election, your union may have to run a new election.

Running a new election is expensive, so you want to make sure that DOL considers information appropriately before deciding if your election needs to be rerun. Start by cooperating with the DOL investigator so that it does not appear that you have anything to hide. Inform executive board members and election committee members that DOL is conducting an investigation of your officer election. Inform your attorney about the DOL investigation, and determine whether you want legal representation during the investigation.

Establish a communication protocol by identifying one person through whom the DOL investigator should communicate all questions and requests. Ask the DOL investigator to provide a list of union officers and employees to be interviewed and all union records to be reviewed. Answer DOL's questions truthfully, but do not volunteer information. Do not guess because making false statements to a federal investigator is a violation of 18 U.S.C. 1001, and DOL will consider referring false statements to the U.S. Attorney for prosecution. Do not sign a statement, which locks in your testimony under penalty of perjury, or agree to extend the time within which DOL can file suit without first consulting your attorney.

Election investigations are serious business, and you want to get it right. If your election was truly flawed, it may be best to rerun it. If you believe that your election was conducted properly, make sure that you give DOL a full explanation of your reasons for standing by the original election results.

If DOL finds violations that it believes may have affected the outcome of your election, it will first ask your union to voluntarily rerun the election under its supervision. If you refuse, DOL may file a complaint in federal court seeking to compel you to rerun the election. Your decision will have serious repercussions and should not be made lightly. We'll discuss factors to consider in making that decision another time.

If you have any comments or questions, call us at 800-514-8810 or email us at info@ballotpoint.com and we will get back to you as soon as possible.

 
© 2012-2017 CCComplete, Inc. All rights reserved. | BallotPoint ® | Website Terms of Use | U.S. Patent No. 7,597,258
800-514-8810 | 615 SW Broadway, Suite 300 | Portland, OR 97205 | info@ballotpoint.com
×

WEBSITE TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. ANY USE OF THIS BALLOTPOINT WEBSITE SHALL BE INTERPRETED AS YOUR AGREEMENT AND ACKNOWLEDGEMENT THAT YOU WILL BE BOUND BY SUCH TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.

THE INFORMATION ON THIS SITE IS INTENDED TO PROVIDE GENERAL INFORMATION AND DOES NOT CONSTITUTE LEGAL ADVICE. READERS SHOULD NOT USE THIS INFORMATION AS THE BASIS FOR ACTION WITHOUT CONSULTING INFORMED LEGAL COUNSEL REGARDING THEIR SPECIFIC SITUATION.

IMPORTANT DISCLAIMER

The material included on the BallotPoint® website is for informational purposes only. The terms "BallotPoint Election Services," "BallotPoint Advisory Services," and "BallotPoint" as used throughout this website are CCComplete, Inc. business entities and are intended to represent CCComplete, Inc., its subsidiaries and affiliates. CCComplete, Inc. and its related entities, including their respective principals, employees, agents, and representatives, make no representations or warranties about accuracy, timeliness, suitability, or any other aspect of this site or any content on or accessed through this site or for any purpose. In no event shall CCComplete, Inc., its related entities, affiliates, partners, principals, employees, agents, or representatives be liable for any direct, indirect, incidental, special, exemplary, consequential, or other damages whatsoever, without regard to the form of any action, including but not limited to contract, negligence, or other tortuous actions, arising out of or in connection with this site, any content on or accessed through this site, or any copying, display, or other use thereof.

CCComplete, Inc. operates this website to inform users of the services we provide and other general information about our Company. The content of this website is provided for informational purposes only and is not intended as a substitute for qualified legal advice and under no circumstances shall be deemed to constitute such services. The services and or operational guides described on this website are provided by CCComplete, Inc. Any use or reuse of any information provided on this website will be at the user's own sole risk and without liability or legal exposure to CCComplete, Inc.

Any and all information contained herein is provided without warranties of any kind, whether express or implied. CCComplete, Inc. hereby expressly disclaims all warranties and obligations with regard to CCComplete, Inc. or any content on or accessed through this website, including but not limited to all implied warranties and obligations of merchantability, fitness for a particular purpose, title and non-infringement. To the fullest extent permitted by applicable law, CCComplete, Inc. further disclaims any liability for damages of any kind arising out of or relating to use or inability to use this website, its content, or links, including but not limited to special, incidental, or consequential damages. Website users should also note that Internet software, including but not limited to browsers or even transmission problems can produce inaccurate or incomplete copies of documents when downloaded and displayed on a user's computer.

OWNERSHIP OF WEBSITE CONTENT

CCComplete, Inc. has a copyright on the content of this website. The trademarks, logos, images, and service marks of CCComplete, Inc. that are used on this website are and shall remain the exclusive property of CCComplete, Inc. and may not be used without prior written permission. All content on this website is and shall remain the sole and exclusive property of CCComplete, Inc., except where a different owner has been indicated on the website. Users of this website may not alter, modify, reproduce, display, publish, post, transmit, or distribute any of the contents found on this website without the express written permission of CCComplete, Inc.

GOVERNING LAW

As consideration for any use of this website, including merely accessing the website, you agree to be bound by the laws of the United States of America and the State of Oregon, without regard to any conflicts of law principles. You further agree to be subject to the jurisdiction of any use of the courts, of the State of Oregon, for any dispute relating in any way to your use of this website.

COPYRIGHT

Copyright © 2012-2017 CCComplete, Inc. All rights reserved.