Solis v. National Emergency Medical Services Association

Filing 85

JUDGMENT, signed by District Judge Anthony W. Ishii on 4/26/13. (Gonzalez, R)

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BENJAMIN B. WAGNER
United States Attorney
GLEN F. DORGAN
Assistant United States Attorney
United States Courthouse
2500 Tulare Street, Suite 4401
Fresno, California 93721
[phone] (telephone)
[phone] (facsimile)

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Attorneys for Plaintiff SETH D. HARRIS, Acting Secretary of Labor, U.S. Dept. of Labor

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SETH D. HARRIS, Acting Secretary of Labor,
United States Department of Labor,

JUDGMENT
Plaintiff,

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CASE NO. 1:11-cv-00529 AWI-GSA

v.

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NATIONAL EMERGENCY MEDICAL
SERVICES ASSOCIATION,

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Defendant.

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On March 28, 2011, Plaintiff Hilda L. Solis, United States Secretary of Labor brought an action

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pursuant to Title IV of the Labor-Management Reporting and Disclosure Action of 1959 (as amended),

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29 U.S. C. Sections 401, et seq., (the “Act”) against Defendant National Emergency Medical Services

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Association (“NEMSA”), alleging that in or about 2010, the Defendant denied a member in good

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standing, who was actively contesting his termination from employment, the right to be a candidate and

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run for office. The Defendant’s actions violated Section 401(e) of the Act (29 U.S.C.Section 48(e)). The

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Secretary brought the action for the purpose of voiding the Defendant’s July 2010 election for the office

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of President and ordering that the Defendant conduct a new election for President under the supervision of

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the Secretary of Labor.
On July 9, 2012, the parties entered into a Stipulation of Settlement by which they agreed, that

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(1) Defendant would hold an election for the office of President in November 2012, supervised by

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Judgment

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Plaintiff, (2) Upon completion of the election, the Secretary would certify to the Court the names of the

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persons so elected, and (3) upon approval of such certification, the Court shall enter a Judgment declaring

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that such persons have been elected as shown by such certification.
By Order dated November 9, 2012, the deadline to complete the supervised election for the office

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of President, was extended from November 2012 to January 31, 2013.

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On April 24, 2013, the Secretary certified, pursuant to Section 402(c) of the Act (29 U.S.C.

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Section482(c)), that the following named candidate has been duly elected to the office designated:

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Rick Bergen

President

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Accordingly, the Court hereby ORDERS that judgment be entered as follows:

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A. The Certification of Election dated April 24, 2013, is approved.

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B. The following named candidate has been elected to his respect tie office, in accordance with

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The terms of the parties’ Stipulation of Settlement, to serve terms of three (3) years, commencing upon

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installation of the officers by NEMSA:

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Rick Bergen

President

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C. Each party shall bear its own costs, fees and expenses.

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IT IS SO ORDERED.
Dated: April 26, 2013
SENIOR DISTRICT JUDGE
DEAC_Signature-END:

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0m8i788

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Judgment

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