AGREED ORDER - It is hereby ORDERED, ADJUDGED, and DECREED that Kevin Frazier is not disqualified by the LMRDA from being nominated for or serving as an officer, director, employee, or representative of a labor organization. Signed by Judge Thomas M. Rose on 11-6-2017. (de)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
IN RE: KEVIN FRAZIER,
Case No. 3:17-CV-00320
Judge THOMAS M. ROSE
Magistrate Judge MICHAEL R. MERZ
AGREED ENTRY AND ORDER
Petitioner Kevin Frazier has petitioned this Court for a declaratory judgment or, in the
alternative, exemption from disability under 29 U.S.C. §504 of the Labor-Management
Reporting and Disclosure Act of 1959, (“LMRDA”). Specifically and inter alia, Mr. Frazier
seeks a declaratory judgment that he is not disqualified by the LMRDA from serving as an
officer, director, employee, or representative of a labor organization because he was never
“convicted” of a crime, and because his guilty plea and participation in the intervention in lieu of
conviction program pursuant to R.C. § 2951.041 resulted in his citizenship rights—having been
revoked as a result of a disqualifying conviction—having been fully restored to him. 29 U.S.C.
§504(a); and see Petition ¶ 25-27, Doc. 1, PageID# 4. Mr. Frazier also seeks relief from the
disability imposed by 29 U.S.C. §504(a) on the ground that he “has been rehabilitated.” Petition
¶ 28, Doc. 1.
Pursuant to 29 U.S.C. §504(a)(5), Petitioner served a copy of this action upon the
Secretary of the United States Department of Labor; the Ohio Attorney General; the
Montgomery County, Ohio Prosecutor; and the United States Attorney for the Southern District
of Ohio. (Doc. 4; PageID #27). Other than the United States Department of Labor, no other
agency or person has appeared in this action.
The Department of Labor has appeared and opposed Petitioner’s request for a preliminary
injunction while it undertook a review and investigation of this case. The Department of Labor
is charged and tasked with enforcing and administering the LMRDA, and it has undertaken a
thorough review of Mr. Frazier’s petition. The Department of Labor has concluded that—under
circumstances unique to this case—as a matter of fact and law, Mr. Frazier’s citizenship rights
were revoked as a result of his conviction but have been fully restored to him. 29 U.S.C.
Mr. Frazier wishes to run for and, if elected, serve as an officer, director, employee, or
representative of Amalgamated Transit Union, AFL-CIO Local 1385. Upon agreement of the
Petitioner Kevin Frazier and the United States Department of Labor, and after being fully
advised of the circumstances, it is hereby ORDERED, ADJUDGED, and DECREED that Kevin
Frazier is not disqualified by the LMRDA from being nominated for or serving as an officer,
director, employee, or representative of a labor organization.
November 6, 2017
*s/Thomas M. Rose
HONORABLE THOMAS M. ROSE
United States District Judge
Agreed to by,
For: KEVIN FRAZIER, Petitioner
/s/ Adam R. Webber
ADAM R. WEBBER, Esq.
Bar No. 0080900
Trial attorney for Petitioner
FALKE & DUNPHY, LLC
30 Wyoming Street
Dayton, Ohio 45409
For : BENJAMIN C. GLASSMAN, United States Attorney
/s/ Margaret A. Castro
MARGARET A. CASTRO (0078968)
Assistant United States Attorney
Attorney for Department of Labor
221 East Fourth Street, Suite 400
Cincinnati, Ohio 45202
Tel. (513) 684-3711
Fax (513) 684-6972
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