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Agreement between AMO, DOL on new limited election

The following is the agreement between American Maritime Officers and the U.S. Department of Labor under which a new limited election of AMO national officers and national executive board members will be held.

L. Antoinette Dempsey, District Director
U. S. Department of Labor, OLMS
Room 8B85 Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, GA 30303

Dear Ms. Dempsey:

We understand that the Office of Labor-Management Standards (OLMS) has recently concluded its investigation into the American Maritime Officers Union 2006 Election. This investigation was conducted pursuant to Section 601 of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) and sought to determine whether violations occurred during the election that "may have affected the outcome of the election."

We understand that the OLMS has concluded that violations occurred in connection with the mailing of campaign literature and that these violations "may have affected the outcome of the election" for six offices. Based on this conclusion and its desire to ensure that there be no question concerning the conduct of its elections, the AMO hereby agrees to conduct new nominations and a new election solely for the following offices:
  • National President,
  • National Secretary Treasurer,
  • National Executive Vice President,
  • National Vice President–Deep Sea,
  • National Assistant Vice President At Large, and
  • National Executive Board Member–Inland Waters
The AMO agrees that the 2006 election for these specific offices is void and must be rerun. Pending the outcome of the rerun election, however, the 2006 election shall be presumed valid and the affairs of the Union shall be conducted by the officers elected in the 2006 election or in such other manner as its constitution provides.

The AMO agrees that nominations and the rerun election shall be conducted prior to June 30, 2008, under the supervision of the Secretary of Labor, in accordance with Title IV of the LMRDA. It is also understood that this election shall be conducted in accordance with the terms of the AMO’s National Constitution to the extent this is lawful and feasible. For example, in light of the date and express terms of this agreement, the new election process will begin in a month different than the month specified in the AMO National Constitution.

It is accordingly agreed that the time within which the Secretary of Labor may bring suit for all causes of action arising from or relating to the OLMS investigative findings with regard to the challenged election shall be extended to July 31, 2008. It is further agreed that the American Maritime Officers Union waives any and all defenses relating to the timeliness of any and all actions required to be taken by the Secretary under Section 402 of the LMRDA that are brought within this extension that the AMO might otherwise have to the causes of action referred to above.

The American Maritime Officers Union further agrees that any dispute arising during the course of the supervised election as to the legality or feasibility of any election procedure shall be decided by the Secretary of Labor.

This settlement agreement was approved by the entire AMO National Executive Board after careful review and consideration and the undersigned is authorized to act on behalf of the American Maritime Officers Union in the above matter.

Sincerely,

American Maritime Officers Union