Frank J. Christensen - Civil Cases Against The United States Department of Labor

Civil Cases Against The United States Department of Labor

According to Federal Court records, the United States Department of Labor filed a lawsuit (08-cv-1595) against Elevator Constructors Local 2 in Illinois Northern Federal District Court for other statues and micellaneous reasons on March 18, 2008. The case was heard by Federal District Court Judge John F. Grady, a former Chief Judge. The lawsuit was filed by United States Attorney Patrick Fitzgerald on behalf of the United States Department of Labor asking the Court to have Elevator Constructors Local 2 comply with the Department of Labor Subpoena Duces Tecum filed on April 24, 2007 for various records and documents in connection with an investigation to determine whether any person has violated or is about to violate the Labor Management Reporting and Disclosure Act of 1959.

From Elevator Constructors Local 2's Website; a letter dated May 19, 2008 written by the Union Attorney, claims the subpoena request was contrary to the Department of Labor's long-standing policy of auditing Local Unions in the office of the Union in order to avoid unwarranted intrusion in the affairs of the local and that the Department of Labor took their actions solely as a means of harassing Local 2 and interfering with its operations. The Department of Labor wanted to compel Local 2 to produce originals of all its records at the Department of Labor's Office in May 2007. According to the Union Attorney, the Department of Labor never responded to Local 2's offer to comply with the Local's request to review the records at the Local's Office. On July 9, 2008 Federal District Court Judge John F. Grady ordered an evidentiary hearing for July 23, 2008 which was later rescheduled for July 30, 2008.

On July 30, 2008 in Federal District Court in Chicago, Elevator Constructors Local 2 agreed to comply with the demands of the Department of Labor Subpoena Duces Tecum and agreed to transfer the requested records, documents and computer files to the Department of Labor by November 12, 2008. On January 14, 2009 in Federal District Court, the Department of Labor said that Elevator Constructors Local 2 was in compliance with its subpoena and Federal Judge John F. Grady dismissed the case with prejudice.

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