Opinion
MC 21-1080-GW (JEMx)
10-22-2021
MARTIN J. WALSH, SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS, LOCAL NO. 18, Respondent.
SUSAN G. KUMLI, DAVID M. KAHN Counsel for Labor Relations BRYAN LOPEZ. RACHEL A. UEMOTO, Attorneys for Petitioner.
SUSAN G. KUMLI, DAVID M. KAHN Counsel for Labor Relations BRYAN LOPEZ.
RACHEL A. UEMOTO, Attorneys for Petitioner.
ORDER TO SHOW CAUSE
Petitioner, Martin J. Walsh, Secretary of Labor, United States Department of Labor (the “Secretary”), has applied to this Court for an Order requiring Respondent International Union of Elevator Constructors, Local No. 18 (“Local 18” or the “Union”) to produce the documents 1 requested in the administrative subpoena duces tecum issued by the Office of Labor-Management Standards, U.S. Department of Labor (“OLMS”), and duly served upon Local 18 on September 27, 2021 (the “Subpoena”). Having considered the matters set forth in the Secretary's Petition and accompanying documents, it is hereby:
ORDERED that Local 18 appears and SHOW CAUSE, if any there be, why it should not be ordered by this Court to comply with the Subpoena; and it is further
ORDERED that Local 18 serves and file with the Clerk of this Court, no later than November 1, 2021 a response to the Secretary's Petition, specifically admitting or denying each allegation of the Petition, and setting forth the cause, if any there be, why the Petition should not be granted; and a reply to the response is due no later than November 4, 2021, it is further;
ORDERED that Local 18 appears at a hearing to be held on the Petition on November 8, 2021 at 10:00 a.m., via Zoom, link information is located on the Court's website under Judge's Procedures and Schedules, and it is further
ORDERED that the applicable 60-day statute of limitations under Section 402 of the LMRDA, 29 U.S.C. § 482, is tolled as of September 17, 2021, the date on which Local 18 first declined to produce original election records after a verbal request, until the Secretary notifies the Court that Local 18 has complied with the Subpoena; and it is further
ORDERED that the Secretary shall forthwith serve a copy of this Order to Show Cause and the Petition and supporting documents on Local 18 by a U.S. Department of Labor employee or by a contracted server in accordance with Rule 4 of the Federal Rules of Civil Procedure.
IT IS SO ORDERED. 2