On August 5, 2021, the Local's Executive Board heard the Department of Labor's case against IBEW Local 108. The facts of their reasoning for a rerun were presented. Local 108 was given two options- rerun the election or litigate the case. After hearing the facts, the Local's Executive Board recommended that the DOL’s case be litigated.
After notification of the decision to litigate, the DOL has revised their litigation position, of which numerous allegations are in dispute. As of September 3, 2021, the Union has not been served a complaint from the DOL.