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DONVAN v. PENNSYLVANIA OPTICAL WORKERS ASSN.

February 1, 1985

RAYMOND J. DONOVAN, Secretary of Labor, United States Department of Labor
v.
PENNSYLVANIA OPTICAL WORKERS ASSOCIATION



The opinion of the court was delivered by: HUYETT

HUYETT, J.

 FINDINGS OF FACT, DISCUSSION, CONCLUSIONS OF LAW, AND ORDER

 Following a hearing on January 25, 1985, upon plaintiff's petition for an order compelling compliance with the supervisory instructions of the Secretary of Labor ("Secretary"), I make the following findings of fact and conclusions of law.

 Findings of Fact

 1. Eric Feldman testified at the January 25, 1985 hearing. I found that his testimony was straightforward and candid and found him to be a credible witness.

 2. Feldman is an investigator with the Office of Labor Management Standards, United States Department of Labor.

 3. Feldman has been assigned to supervise an election of officers of the Pennsylvania Optical Workers Association ("POWA") directed by my order of December 18, 1984.

 4. At the pre-election conference held on January 15, 1985, Feldman was informed that POWA had no intention of waiving several of its by-laws which limited eligibility to hold office within the Union.

 5. Feldman stated that the POWA had about 150 members and that to his knowledge, meetings were held irregularly and not on a regular monthly basis.

 6. Under the by-laws of the POWA, eligibility for office is limited to those who have belonged to the union for more than five years and who have attended two-thirds of the regular meetings of the union over the twelve months preceeding the election. Government Exhibit 1, Art. 4, Section 2.

 7. David Breneiser testified at the January 25, 1985 hearing. Although he had occasional lapses, I found him to be a generally credible witness.

 8. Breneiser testified that POWA held regular monthly meetings except in the months of June, July, and August and that the last two or three monthly meetings before contract negotiations begin are tentative.

 9. Breneiser produced a list of all meetings that took place in the last year along with a list of all those who were eligible to hold office under the attendance rule. Union Exhibit 1.

 10. Breneiser testified that this list had been prepared by the POWA's recording secretary who had polled all the current union officers. This list was prepared on either January 20, ...


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