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John
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I recently got elected as a union leader. I came to know that

Resolved Question:

I recently got elected as a union leader. I came to know that the union president
used most of the fund for buying grocery and paying restaurant bills. We asked
the state leadership for an audit. They sent it back to us to select 3 auditors
and refer back to them if we still find any questions. Our average annual budget
is between $20000.00 to $25000.00. Misuse of money going on for few years.
How can I report to authorities. If I do that am I violating any union laws?
Submitted: 1 year ago.
Category: Legal
Expert:  John replied 1 year ago.

 

Hi, thanks for submitting your question today. My name is XXXXX XXXXX I’m happy to assist you with your question today.

 

I understand your concern is that the local president is so well connected that, even if you were to be able to somehow initiate this audit, the higher ups in the union wold act to cover up or disallow any hearing on the matter.

 

What I would recommend to you, is that you contact the Department of Labor - Office of Labor Management Standard (OLMS) to complain about this and to request they investigate. Usually OLMS will request that you follow internal chains of command within your union bylaws before they investigate, but in your case you can claim that such an internal investigation will not/cannot occur in a fair manner.

 

OLMS staff members conduct investigations to detect violations of the Labor Management Reporting Disclosure Act (LMRDA.). OLMS conducts embezzlement investigations to protect and safeguard union funds and assets. OLMS must refer information it uncovers regarding possible embezzlement violations by union officers or employees to the U.S. Attorney, who decides if criminal prosecution is warranted. Persons who have been convicted of embezzlement or certain other crimes specified by the LMRDA may not hold union office or employment for up to 13 years after the conviction or after the end of imprisonment.

 

You can contact the OLMS New York Field Office here if this is something you wish to pursue. Complaints are taken anonymously if you wish.

 

 

 

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

 

Customer: replied 1 year ago.

I am a new york state employee. The union is PEF. Is this under


Federal Jurisdiction or under some state agency. If so, whom


to contact?

Expert:  John replied 1 year ago.
Santhosh,

Unions composed entirely of government employees at the state and local level are not covered by the LMRDA. There is no similar State agency. Thus your only remedy would be to call the State Attorney General's office to lodge a complaint and hopefully get an investigation going on the matter.

Hope this helps. Let me know if I may be of further assistance.
John, Attorney
Category: Legal
Satisfied Customers: 3119
Experience: Licensed and practicing attorney.
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