Solis et al v. Local 948, International Brotherhood of Teamsters

Filing 19

JUDGMENT signed by Magistrate Judge Sandra M. Snyder on 2/1/2012. CASE CLOSED. (Jessen, A)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 HILDA L. SOLIS, Secretary of Labor, United States Department of Labor ) ) ) Plaintiff, ) ) v. ) ) TEAMSTERS LOCAL UNION NO. 948, ) AFFILIATED WITH INTERNATIONAL ) BROTHERHOOD OF TEAMSTERS, ) ) Defendant. ) ____________________________________) Case No. 1:10-cv-01935-SMS JUDGMENT 16 17 On October 15, 2010, Plaintiff Hilda L. Solis, United States Secretary of Labor (“Secretary”), 18 brought action pursuant to Title IV of the Labor-Management Reporting and Disclosure Act of 1959 (as 19 amended), 29 U.S.C. sections 401, et seq., (the “Act”) against Defendant Teamsters Local Union No. 20 948 (“Local 948”), affiliated with International Brotherhood of Teamsters, alleging violations of 21 Sections 401(c) and 401(e) of the of the Act during the conduct of the election of union officers for the 22 offices of secretary-treasurer, president, vice-president, recording secretary, and trustee (3 positions) 23 conducted by Local 948 and concluding December 30, 2008. 24 On October 27, 2010, the parties entered into a Stipulation of Settlement by which they agreed, 25 among other terms, that (1) a new election of officers would take place no later than September 30, 26 2011, under the supervision of the Secretary, (2) upon completion of the election, the Secretary would 27 certify to the Court the names of the persons so elected, and (3) upon approval of such certification, the 28 Court shall enter a Judgment declaring that such persons have been elected as shown by such 1 JUDGMENT 1 certification to serve a term of three (3) years of office. On November 29, 2011, the Secretary filed a Certification of Election and certified, pursuant to 2 3 Section 402(c) of the Act (29 U.S.C. section 482(c)), that the following named candidates were duly 4 elected to the offices designated: Adam Ochoa (Secretary-Treasurer), Sylvia Lovato (President), Norma 5 L. Venegas (Vice President), Martin Torres (Recording Secretary), Consuelo Herrara (Trustee), Jesus 6 M. Flores (Trustee), and Steve Vieira (Trustee). Local 948 installed the newly elected officers in 7 January 2012, as reflected in Local 948's meeting minutes dated January 17, 2012. 8 Accordingly, the Court hereby ORDERS that judgment be entered as follows: 9 A. The Certification of Election, filed November 29, 2011, is approved. 10 B. The following named candidates have been elected to their respective offices, in 11 accordance with the terms of the parties’ Stipulation of Settlement, to serve terms of three (3) years, 12 commencing upon installation of the officers by Local 948: 13 Secretary-Treasurer Adam Ochoa 14 President Sylvia Lovato 15 Vice President Norma L. Venegas 16 Recording Secretary Martin Torres 17 Trustee Consuelo Herrara 18 Trustee Jesus M. Flores 19 Trustee Steve Vieira C. 20 Each party shall bear its own costs, fees and expenses. 21 22 IT IS SO ORDERED. 23 Dated: icido3 February 1, 2012 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 2 JUDGMENT

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