U.S. Department of Labor

U.S. Department of Labor

Administrative Review Board

200 Constitution Ave. NW

Washington, DC 20210-0001

IN THE MATTER OF:

TRACY SHANKER, CHIEF, DIVISION

OF ENFORCEMENT, OFFICE OF

LABOR MANAGEMENT STANDARDS,

DEPARTMENT OF LABOR,

ARB CASE NO. 2023-0001

ALJ CASE NO. 2021-SOC-00002

ALJ WILLIAM P. FARLEY

COMPLAINANT,

DATE: August 7, 2024

v.

PATENT OFFICE PROFESSIONAL

ASSOCIATION,

RESPONDENT.

Appearances:

For the Complainant:

Beverly Dankowitz, Esq., Eleanore I. Simms, Esq., and Christa N.

Henderson, Esq.; U.S. Department of Labor, Office of the Solicitor;

Washington, District of Columbia

For the Respondent:

Richard J. Hirn, Esq.; Patent Office Professional Association;

Washington, District of Columbia

Before HARTHILL, Chief Administrative Appeals Judge, and THOMPSON,

Administrative Appeals Judge

ORDER DECLARING ELECTION RESULTS AND FINAL JUDGMENT

HARTHILL, Chief Administrative Appeals Judge:

This case arises under Title VII of the Civil Service Reform Act of 1978

(CSRA),1 the Labor-Management Reporting and Disclosure Act (LMRDA),2 and the

1

5 U.S.C. §§ 7101-7135.

2

29 U.S.C. §§ 401-531.

2

Standards of Conduct (SOC) regulations issued pursuant to the CSRA.3 On

November 16, 2022, the Administrative Review Board (ARB or Board) issued a

Decision and Order Affirming Recommended Decision and Order and Ordering New

Election (D. & O.).4 In the D. & O., the Board concluded that Respondent Patent

Office Professional Association (POPA) violated the LMRDA. Consequently, the

Board ordered POPA to conduct a new election for the office of president of POPA

under the supervision of the U.S. Department of Labor (Department) Office of

Labor-Management Standards (OLMS) by March 16, 2023.5

On June 14, 2023, the Federal Labor Relations Authority affirmed the

Board’s determination that POPA violated the LMRDA but remanded to the Board

to issue a new remedial order because the March 16, 2023 deadline had already

passed. On August 17, 2023, the Board ordered POPA to conduct an election for the

office of union president under OLMS’s supervision by January 31, 2024.

On September 18, 2023, the parties filed a Joint Motion to Amend Order for

Supervised Election, asking for an extension to conduct the supervised election on

February 29, 2024, which the Board granted on September 28, 2023.

On July 12, 2024, OLMS’s Acting Chief, Division of Enforcement, filed a

Certification of Election (Certification) with the Board, stating that the election was

conducted pursuant to the Board’s September 28 Order.6 The Certification further

stated that the election was conducted in accordance with LMRDA and POPA’s

constitution and bylaws. Kathleen Duda was certified the winner of the election.

3

29 C.F.R. Part 458 (2024).

The Board issued an Errata on December 6, 2022, to correct errors in the D. & O.’s

case caption. Otherwise, the D. & O. did not change.

4

As we explained in the D. & O., when a union is found to have violated LMRDA

section 401, the ARB, by delegation from the Secretary of Labor, has the discretion under

the CSRA and SOC regulations to order appropriate relief. 5 U.S.C. § 7120(d); 29 C.F.R.

§§ 458.88(c), .91(a); see also Secretary’s Order No. 01-2020 (Delegation of Authority and

Assignment of Responsibility to the Administrative Review Board (Secretary’s discretionary

review of ARB decisions)), 85 Fed. Reg. 13,186 (Mar. 6, 2020); Chief, Div. of Enf’t, Off. of

Lab.-Mgmt. Standards, U.S. Dep’t of Lab. v. Local 12, Am. Fed’n of Gov’t Emp., ARB Nos.

2013-0094, 2014-0081, ALJ No. 2013-SOC-00001, slip op. at 3 (ARB Sept. 24, 2014).

5

The Acting Chief of the Division of Enforcement, Molly Wagoner, is serving in

Complainant Tracy Shanker’s capacity while Ms. Shanker is on detail.

6

3

In addition to the certification, the Acting Chief filed a declaration

(Declaration) describing the election process, pre- and post-election challenges, and

how OLMS resolved the challenges. The Declaration concluded:

The Department has concluded from its investigation of

these protests that POPA’s February 28, 2024 election for

the office of President, conducted under the Department’s

supervision, complied with Title IV of the LMRDA, as made

applicable to elections of federal sector unions by the Civil

Service Reform Act, 5 U.S.C. § 7120, and 29 C.F.R. §

458.29, and was conducted, insofar as lawful and

practicable, in accordance with POPA’s constitution and

bylaws and the LMRDA. Therefore, the results of this

supervised election should be certified.[7]

After a thorough review of the Certification and Declaration, the Board

declares that Kathleen Duda is the Duly elected President of the Patent Office

Professional Association.8

Accordingly, this case is dismissed.

SO ORDERED.

____________________________________

SUSAN HARTHILL

Chief Administrative Appeals Judge

____________________________________

ANGELA W. THOMPSON

Administrative Appeals Judge

7

Declaration at 9.

29 C.F.R. § 458.65(c); 29 U.S.C. § 482(c)(2), as made applicable to elections of federal

sector unions by 5 U.S.C. § 7120.

8