MUR #6344

RESPONDENTS: United Public Workers, AFSCME Local 646, AFL-CIO; Hanabusa 2010; Nakanelua, Dayton; Saiki, Patsy; Santiago, Laurie; Uwaine, Clifford

COMPLAINANT: Yaindl, Georgette

SUBJECT: Reporting

DISPOSITION: The Commission decided by a vote of 6-0 to take the following actions in MUR 6344: 1. Accept the Conciliation Agreement with United Public Workers, AFSCME Local 646, AFL-CIO, as recommended in the General Counsel's Memorandum dated June 15, 2012. 2. Approve the appropriate letter. 3. Close the file.
The Commission failed on a vote of 3-3 to take the following action in MUR 6344 a. Find reason to believe that United Public Workers, AFSCME Local 646, AFL-CIO violated 2 U.S.C. § 441b(a) when it coerced employees to contribute their off-hour time to the union's pro-Hanabusa independent expenditure campaign. b. Find reason to believe that Dayton Nakanelua, Clifford "Chip" Uwaine, and Laurie Santiago violated 2 U.S.C. § 441b(a) by directing and/or consenting to the coercion of UPW employees to contribute their off-hour time to the union's pro-Hanabusa independent expenditure campaign. c. Find no reason to believe that United Public Workers, AFSCME Local 646, AFL-CIO violated 2 U.S.C. § 441b(a) and 11 C.F.R. § 114.2(f) by coercing employees to make financial contributions to Hanabusa 2010. d. Find no reason to believe that Dayton Nakanelua, Clifford "Chip" Uwaine, and Laurie Santiago violated 2 U.S.C. § 441b(a) and 11 C.F.R. § 114.2(f) by directing and/or consenting to the coercion of UPW employees to make financial contributions to Hanabusa 2010. e. Find no reason to believe that United Public Workers, AFSCME Local 646, AFL-CIO or Hanabusa 2010, and Patsy Saiki, in her official capacity as Treasurer, violated 2 U.S.C. § 441b(a) by making or accepting prohibited corporate in-kind contributions in the form of coordinated expenditures. f. Find no reason to believe that Dayton Nakanelua, Clifford "Chip" Uwaine, and Laurie Santiago violated 2 U.S.C. § 441b(a) by consenting to the making of prohibited contributions. g. Find reason to believe that United Public Workers, AFSCME Local 646, AFL-CIO violated 2 U.S.C. § 434(g) by failing to report independent expenditures. h. Approve the Factual and Legal Analyses as recommended in the First General Counsel's Report dated January 31, 2011. i. Authorize use of compulsory process. j. Approve the appropriate letters.
The Commission decided by a vote of 6-0 to take the following action in MUR 6344: a. Find no reason to believe that United Public Workers, AFSCME Local 646, AFL-CIO violated 2 U.S.C. § 441b(a) and 11 C.F.R. § 114.2(f) by coercing employees to make financial contributions to Hanabusa 2010. b. Find no reason to believe that Dayton Nakanelua, Clifford "Chip" Uwaine, and Laurie Santiago violated 2 U.S.C. § 441b(a) and 11 C.F.R. § 114.2(f) by directing and/or consenting to the coercion of UPW employees to make financial contributions to Hanabusa 2010. c. Find no reason to believe that United Public Workers, AFSCME Local 646, AFL-CIO or Hanabusa 2010, and Patsy Saiki, in her official capacity as Treasurer, violated 2 U.S.C. § 441b(a) by making or accepting prohibited corporate in-kind contributions in the form of coordinated expenditures. d. Find no reason to believe that Dayton Nakanelua, Clifford "Chip" Uwaine, and Laurie Santiago violated 2 U.S.C. § 441b(a) by consenting to the making of prohibited contributions. e. Find reason to believe that United Public Workers, AFSCME Local 646, AFL-CIO violated 2 U.S.C. § 434(g) by failing to report independent expenditures. f. Approve the Factual and Legal Analyses as recommended in the First General Counsel's Report dated January 31, 2011 with appropriate modifications consistent with the Commission vote. g. Authorize use of compulsory process. h. Approve the appropriate letters.