Local Union Officers Election Guide 2002
CHAPTER
ONE: APPOINTING JUDGES OF ELECTION AND
BEGINNING THE
ELECTION PROCESS
Section 1: Appointing the Judges of Election
Requirements
Section 2: Beginning the Election Process
Requirements
Suggestions
Frequently Asked Questions
Section 1: Scheduling the Nomination Meeting and Notifying the Members
Requirements
Suggestions
Frequently Asked Questions
Section 2: The Nomination Meeting
Requirements
Suggestions
Frequently Asked Questions
CHAPTER THREE: SCHEDULING THE ELECTION
Requirements
Suggestions
Frequently Asked Questions
Requirements
Suggestions
Frequently Asked Questions
Section 1: General Campaign Rules
Requirements
Suggestions
Frequently Asked Questions
Section 2: Distributing Campaign Literature
Requirements
Suggestions
Frequently Asked Questions
Section 3: Inspecting the Membership List
Requirements
Suggestions
Frequently Asked Questions
Section 4: Union and Employer Funds
Requirements
Suggestions
Frequently Asked Questions
CHAPTER SIX: THE RIGHT TO VOTE
Requirements
Suggestions
Frequently Asked Questions
Section 1: The Notice of Election
Requirements
Suggestions
Section 2: Ballots
Requirements
Suggestions
Frequently Asked Questions
Section 3: The Polling Place
Requirements
Suggestions
Frequently Asked Questions
Section 4: Watchers
Requirements
Suggestions
Frequently Asked Questions
Section 5: Counting Ballots
Requirements
Suggestions
Frequently Asked Questions
CHAPTER EIGHT: HANDLING PROBLEMS AND COMPLAINTS
Suggestions
TABLE OF AUTHORITIES
APPOINTING JUDGES OF
ELECTION
AND
BEGINNING THE ELECTION PROCESS
If you think of the
election process as occurring in various stages and understand your
responsibilities at each stage, the entire process becomes more manageable. At this early stage, good planning and
organization are key.
SECTION 1:
APPOINTING THE JUDGES OF ELECTION
REQUIREMENTS
q
The Judges of Election
must be appointed prior to the Nomination Meeting by the Local Union's Executive
Board. ULUC Article VI, Section
1(c). In the Matter of Local
137, IHO Order and Memorandum, 98-37P (September 28, 1998), and In the
Matter of LIUNA Local 304, IHO Order and Memorandum, 95-26P (October 26,
1995).
q
The Judges of Election
cannot be candidates for office, but they must possess all the requirements to
be a candidate for office. ULUC
Article V (See p. 17 of this Election Guide). The exception to this rule is that
retired members may be appointed to serve as Judges of Election. ULUC Article VI, Section 1(c). The IHO has ruled that there cannot be a
waiver of the prohibition against a Judge of Election running as a
candidate. In the Matter of
Local Union 646, IHO Order and Memorandum, 95-19P (December 1,
1995).
q
The Judges of Election
do not have to be paid for their services; however, if a salary or other
compensation such as "lost time" is to be paid, it must be fixed prior to the
nominations. Note that adjustments
to salary during the period of service as an officer must be made in accordance
with ULUC Article VI, Section 1(d).
SECTION 2:
BEGINNING THE ELECTION PROCESS
REQUIREMENTS
A.
Determine Your Election Responsibilities:
q
After being selected,
meet to discuss your roles as soon as possible.
q
Select a chairperson or
leader if one is not already designated.
q
If none of the Judges of
Election has ever conducted an election, contact former Judges of Election from
your Local Union to discuss their experiences, both positive and
negative.
B.
Review the Following Materials:
q
The ULUC and EDP,
especially those provisions dealing with good standing, voter and candidate
eligibility, notices to the membership, and any other officer election
requirements. Each Judge of
Election should have a copy of the ULUC and the EDP to refer to as necessary
throughout the election process.
q
Notices of election,
ballots, tally sheets, and any correspondence used in your Local Union's prior
elections which may serve as models to use in this
election.
q
The sample letters,
notices, ballot, tally sheets, and other nomination and election materials
included in the index of this Guide which may be adapted for use in your Local
Union's election.
C.
Meet with Current Officers
q
Advise current officers
of the need for their cooperation and support. Make clear that you must remain
impartial and will not provide any special
information, special privileges, or considerations to the current
officers not otherwise available to the membership.
q
If problems occurred in
the Local Union's last nominations and election, ask the current officers for
recommendations about how to avoid these problems in the upcoming election. For example, if the polling place used
in the last election was not reasonably accessible to all those who voted,
consider a different site.
q
Determine which election
responsibilities, such as updating the membership address list and mailing the
election notices, will be handled by the Local Union officers and/or staff. Note that ULUC, Article VI, Section 2(j)
provides that the Secretary-Treasurer is ultimately responsible for ensuring
that the notices are mailed.
q
Have prepared an
up-to-date list of Local Union members eligible to vote, which is current as of
30 days prior to election.
D.
Schedule the Election
q
At the May meeting, the
membership must determine and fix the date on which the election will be
held. ULUC Article VI, Section
2(j).
q
Select polling
location(s) and establish voting hours which provide a reasonable opportunity
for all members to cast ballots.
Just because a site was used in prior elections does not necessarily mean
it is suitable.
q
Develop a detailed
timetable which lists all important election-related dates and deadlines. Consult the Election Planner on page G-1
in Appendix G. By starting with the
election date and working backward, you can establish the dates of all major
events such as the posting/mailing of the nomination notice, the nomination
meeting, nominee acceptance deadline, mailing of the election notice,
preparation and printing of ballots, and the ballot tally. After the timetable is established,
decide which Judge of Election will be responsible for completing the various
tasks outlined in the Election Planner.
SUGGESTIONS
·
Keep notes, copies of
election materials, and records of decisions and actions taken throughout the
nomination and election process.
These records will refresh your memory in the event of a protest and may
serve as a guide for future Judges of Election.
·
Meet regularly to: (1) confirm that all required tasks are
being completed; (2) discuss problems and concerns; and (3) ensure you
understand your individual role and responsibilities.
·
Encourage candidates,
observers, and members to raise any questions or problems about nomination or
election procedures as soon as possible so that you have a chance to remedy any
problems or make any necessary changes in the election procedures. Advising all candidates of your
decisions in a timely manner will reduce the possibility of an election
protest.
·
Treat all candidates
equally and avoid even the appearance of improper conduct. Although you might be able to separate
your personal friendships from your official duties, socializing with candidates
might indicate to the members that you are not as impartial as your duty
requires you to be. Being a good
Judge of Election might not win you a popularity contest, but it will make the
Local Union a stronger and more democratic organization.
·
Compensation for the
judges of election should be reasonable in light of the services to be
performed. If compensation is
unduly high, it may give the impression that the judges are being given payment
to favor the incumbent officers.
·
Always err on the side
of caution.
FREQUENTLY ASKED
QUESTIONS
1.
Can there be more than three (3) Judges of Election?
Yes. The ULUC Article VI, Section 1(c)
specifies three Judges of Election because experience has shown that this number
is sufficient to ensure a fair election process. If a Local Union feels that more Judges
of Election are absolutely necessary to preserve the fairness of the election,
however, it may appoint more judges.
In the Matter of Local 423, IHO Order and Memorandum, 98-27P (July
7, 1998). A variance from the
General President must be obtained if you choose to appoint more than three (3)
Judges of Election.
NOTE: If a Local Union is unable to retain
three (3) Judges of Election, a variance should also be sought from the General
President.
2.
Can a member serve as a Judge of Election if he or she is related to any
of the candidates of office?
There is no rule
prohibiting a Judge of Election from being related to a candidate. You are cautioned, however, that this
may create the appearance of a conflict of interest unless extreme care is taken
to show impartiality. Thus, where
possible, it would be the better practice not to permit the brother, son, uncle,
spouse, etc. . . of a candidate to serve as a Judge of Election. In the Matter of Local 1089, IHO
Order and Memorandum, 97-12P (March 13, 1998); and In the Matter of Local
1359, IHO Order and Memorandum, 98-50P (September 19, 1998). In the Matter of Local 652, IHO
Order and Memorandum, Nos. 96-13P, 96-61P, 96-62P (December 6,
1996).
3.
Can the Local Union's Executive Board appoint a new Judge of Election if
another Judge of Election is unable to perform his or her
duties?
Yes. Circumstances do arise that are beyond a
Judge of Election's control, and such events should not derail an election
process that has already started.
When an appointed Judge of Election becomes unable to serve due to
unforeseen circumstances, a new Judge of Election may be appointed to replace
him or her. Remember, the
replacement Judge of Election must meet the qualifications for office set forth
in the ULUC, Article V. In
addition, if a qualified replacement is not available or appears to be
unnecessary under the circumstances, the Local Union may seek a variance from
the General President to operate with fewer than three (3) Judges of
Election. In the Matter of Local
1359, IHO Order and Memorandum, 98-50P (September 19,
1998).
4.
Can an incumbent member of the Executive Board serve as a Judge of
Election?
Yes, however, the
incumbent union officer must not be a candidate in the upcoming election. In the Matter of Local 1089, IHO
Order and Memorandum, 97-12P (March 13, 1998). That is, the Officer must not be a
candidate for re-election to the Executive Board. In the Matter of Local 1101, IHO
Order and Memorandum, 96-90P (February 20, 1997).
NOMINATIONS
Federal law requires
that members be given a reasonable opportunity to nominate the candidates of
their choice. The Judges of
Election must provide a timely notice of nominations and must use procedures
which give all members a reasonable opportunity to make
nominations.
SECTION
1:
SCHEDULING THE NOMINATION MEETING AND NOTIFYING THE MEMBERS
REQUIREMENTS
q
The Nomination Meeting
must be held not less than ten (10) days nor more than twenty (20) days prior to
the regular meeting of the Local Union in May of the election year. ULUC Article VI, Section
1(a).
q
Notice of the Nomination
Meeting must be dated and
mailed to each member in good standing at his or her last known
address no less than seven (7) days prior to the meeting. ULUC Article VI, Section 1(b). Notices must be mailed to sick,
laid-off, or other non-working members who are otherwise members in good
standing.
The nomination notice
must identify the offices and positions to be filled in the election, including
delegate positions (if applicable). *
The notice must also specify that the Business Manager is a delegate to
the District Council by virtue of having been elected to that office. It should also include the date, time,
place, and method for submitting nominations. ULUC Article VI, Section 1(b); 29
C.F.R. §
452.56.
q
In the event there is no
contest for any office and the candidates are found properly qualified, the
Judges of Election shall certify to the May meeting that there is no need for a
secret ballot election, and the nominees shall be declared duly elected. ULUC Article VI, Section
2(e).
SUGGESTIONS
·
The nomination notice
could, but is not required to, provide information about the term of office,
instructions for making and accepting nominations, and eligibility requirements
for candidates and nominators, including eligibility requirements which have
been waived or changed pursuant to a variance granted by the General President
or an order of the Independent Hearing Officer.
*
See, Uniform Local District Council Constitution, Article IV, Section 3,
page 115 to determine if your Local Union is entitled to District Council
delegates and, if so, how many.
·
Obtain a copy of the
nomination notice used for your Local Union's most recent election. If this notice contains the required
information, the Judges of Election may wish to follow the same
format.
·
Retain a copy of the
nomination notice for at least one year after the election and keep a record of
the date it was distributed to the membership. Federal law requires that all ballots
and all other records pertaining to the election be preserved for one year. 29 C.F.R. 452.106.
·
Mail nominating
instructions with the nominations notice which clearly explain the requirements
for office and the requirements to nominate a candidate.
FREQUENTLY ASKED
QUESTIONS
1.
Should a notice be mailed to a member who is deemed suspended due to
nonpayment of dues?
A notice is not
required, but if a notice is given to some delinquent or suspended members, it
must be given to all.
2.
What time period does a member have to rectify his or her
standing?
LIUNA members must pay
dues by the close of business on the last day of the second month after the due
date of the dues payment.
NOTE: The Independent Hearing
Officer has recognized the mail-in exception used by the International
Union. If dues are paid by mail and
the payment is postmarked on or before the last day that dues may be paid, the payment
will be considered to be timely.
In the Matter of Local 1089, IHO Order and Memorandum, 97-12P
(March 13, 1998).
SECTION
2:
THE NOMINATION MEETING
REQUIREMENTS
1.
Qualifications of the Nominator
q
A candidate must be
nominated by another member in good standing. ULUC Article VI, Section 1(f). Please note that good standing in this
context requires only good standing at the time of making the nomination, rather
than the two (2) years of good standing required to run for
office.
q
The nominator's good
standing status must be determined at the nomination meeting in order to allow
an eligible nominator the opportunity to make the nomination if the original
nominator is not in good standing.
q
The nominee must be
present at the time of nomination, unless absent from the meeting on business of
the Local Union, for the District Council, or for the International Union, or
excused for just cause by a vote of the membership of the Local Union. Unexcused absence from a nomination
meeting shall serve to disqualify such member from any subsequent nomination in
the same election. ULUC Article VI,
Section 1(f).
q
If a nominator is not in
good standing, disqualify the nominee and reopen nominations for that
office.
2.
Nominee Protocol
q
Once a nomination is
accepted, the nominee has no right to withdraw his or her candidacy prior to the
election. Upon nomination, a
nominee must indicate immediately whether he or she accepts or declines the
nomination. ULUC Article VI,
Section 1(f). Of course, to appear
on the ballot a nominee who has accepted must still meet the with the Judges of
Election in order to be qualified.
q
No member may be a
candidate for more than one office, except where a combination of offices has
been approved by the General President.
ULUC Article VI, Section 1(g).
q
For further discussion
regarding qualifications of the candidate, See Chapter 4 of this
Guide.
3.
The Nominations Process
q
Each member shall have
the right to participate in the democratic decisions of the Union. Subject to reasonable rules,
regulations, and qualifications as provided by the Uniform Local Union
Constitution, each member in good standing shall have the right to nominate
officers. Ethical Practices Code,
Democratic Practices, Section 1.
q
A Local Union must have
the following officers and positions:
President, Vice President, Recording Secretary, Secretary-Treasurer,
Business Manager-Delegate, Sergeant-at-Arms, Auditors (3), Executive Board
Members, and Delegate(s) to the District Council (if applicable). ULUC, Article
IV, Section 1. Nominations must be
made in the above order. ULUC,
Article VI, Section 1(g).
NOTE: Remember that
nominations also must be made for any delegate positions to be filled in
addition to Business Manager-delegate.
q
Nominations must be made
for all offices or positions to be filled.
ULUC Article VI, Section 1(a).
q
No quorum requirement
may be imposed upon the Nominations Meeting.
q
During nominations, when
the office of President is being nominated, the chair should be handed to
another officer to conduct nominations.
q
When the nominations
have been completed, the Chairperson of the meeting must state that the
Constitution requires all candidates to appear before the Judges of Election,
who must then examine them to determine whether or not each candidate possesses
all of the qualifications required to hold office. ULUC Article VI, Section 2(c). The Judges of Election must then
announce the time and place when such examinations will be made. ULUC Article VI, Section 2(b). Candidates are required to appear at
such time and place and be examined unless absent on business of the Local
Union, for the District Council, or for the International Union, or excused for
just cause by the Judges of Election.
ULUC Article VI, Section 2(c).
If the candidate is absent for any of the above-mentioned permissible
reasons, the candidate and the Election Judges must promptly schedule an
alternate time and place so the candidate can be examined as to his or her
qualifications. ULUC Article VI,
Section 2(c).
q
If a nominee is
unopposed after the Union has provided reasonable opportunity for nominations,
the Union does not have to include that position on the ballot, inasmuch as
write-in votes are not permitted by the ULUC, Article VI, Section 3(h). (If nominees for all offices are
unopposed under these circumstances, no election is
necessary.)
q
Make certain, prior to
the nominations, of the exact number of Delegates to the District Council
the Local Union is entitled to.
In the Matter of Local 292, IHO Order and Memorandum, 95-4P
(November 9, 1995) (where the Local voted for 3 delegates, but was only entitled
to two).
q
The salary and
compensation of Local Union officers must be established prior to
nominations. ULUC, Article VI,
Section 1(d). Keep in mind that
compensation includes items such as
vacation leave, sick leave, access to an automobile, and other benefits, and
must be set before nominations as well.
SUGGESTIONS
·
Keep a complete and
accurate list of the name of each nominee, the office to which nominated, and
the person making the nomination.
·
Although not required,
in the interest of promoting a fully informed membership consider indicating on
the ballot any candidates who ran
unopposed and the offices to which they were elected.
FREQUENTLY ASKED
QUESTIONS
1.
Can a member nominate himself/herself?
No. The ULUC, Article VI, Section 1(f),
clearly states that “[a]ll members nominated shall be nominated by another
member in good standing. . ."
(emphasis added).
2.
Can offices be combined?
Sometimes. The General President has the authority
to grant variances and tolerances from specific provisions of the LIUNA
Constitutions if he believes it necessary to fully accomplish an object or
purpose of LIUNA or of its affiliates.
IUC, Article IX, Section 11(b).
Thus, if a Local Union believes that a combination of offices is
reasonable and necessary, it must obtain express consent from the LIUNA General
President in writing. In the
Matter of Local 220, IHO Order and Memorandum, 96-72P (November 22, 1996)
describes the process for properly seeking a combination of offices. A variance that was granted to allow
a combination at a prior election is invalid and has no effect for a subsequent
election.
3.
Can a Local Union decide not to fill one or more of the offices listed in
ULUC Article IV, Section 1?
No. In order to be relieved of the
requirement to fill any office, a Local Union must obtain a written variance
from the LIUNA General President.
For example, where a Local Union membership voted not to elect Auditors,
the Independent Hearing Officer determined that this Constitutional requirement
could not be avoided without a prior variance from the General President. In
the Matter of LIUNA Local 1036, IHO Order and Memorandum, 95-27P (November
20, 1995).
NOTE: With respect to
Delegates to the District Council, however, in In the Matter of Local
1101, IHO Order and Memorandum, 96-90P (February 20, 1997), the Independent
Hearing Officer found that it was acceptable to vote to have fewer than the
required number of delegates to the District
Council.
4.
Can a candidate running for Business Manager separately run for District
Council delegate?
No. The Business Manager is a delegate to
the District Council by virtue of his office. ULUC Article IV, Section
4(e)(11). Therefore, if the
candidate were allowed to run for both Business Manager and delegate, and won
both, he would hold two delegate positions. A member can be a candidate for both
delegate and a Local Union office other than Business Manager, however, as the
delegate position is not considered an office under the ULUC. In the Matter of Local 762, IHO
Order and Memorandum, 97-47P (January 27, 1998) and In the Matter of Local
942, IHO Order and Memorandum, 96-19P (October 25,
1996).
NOTE: If a Local Union has
permitted the President or Secretary-Treasurer of the Local Union to be seated
as a delegate to the District Council by virtue of that office, the candidate
for President or Secretary-Treasurer may not also run for delegate, for the same
reason. In the Matter of Local
652, IHO Order and Memorandum, Nos. 96-13P, 96-61P, 96-62P (December 6,
1996).
5.
Can retired members nominate candidates for Local Union
office?
Yes, as long as they are
still members in good standing.
Retired members have a strong interest in having their voices heard in
Union affairs, which directly affect them and should be allowed to participate
fully in the democratic process.
Retired members cannot, however, run for office
themselves.
6.
Is an exact amount required when setting the salary and other
compensation of Local Union officers?
Yes. The compensation must be capable of
precise verification. For example,
it is permissible to decide that officers will receive wage plus $2.00 because
this amount is capable of precise determination.
NOTE: Vacation time, sick leave, automobile
privileges and other benefits are considered compensation pursuant to General
Executive Board Policy.
7.
Must the ULUC's provisions concerning the nomination meeting be read to
the members at the meeting?
There is no such
requirement in the ULUC. In the
Matter of LIUNA Local 837, IHO Order and Memorandum, 95-08P (June 28,
1995). If the Judges of Election
feel the circumstances warrant it, however, you may read the relevant provisions
to the members in order to familiarize them with the nominations
process.
8.
If a member accepts a nomination for one office, can he or she later
withdraw his or her acceptance if another member wants to nominate him or her
for a subsequent office?
No. Once a member accepts nomination for one
office, he or she cannot accept the nomination for another office. In the Matter of LIUNA Local 837,
IHO Order and Memorandum, 95-08P (June 28, 1995).
9.
If the Judges of Election disqualify a candidate, are nominations
reopened for that office or position?
Yes, but ONLY IF the
disqualification results in there being no candidate for that office or position
or, in the case of Executive Board Members, auditors or delegates to the
District Council, fewer candidates than there are positions to be filled. If nominations are reopened, the Judges
of Election must immediately examine the new nominees and make a report as to
their qualifications at the same meeting.
10. If a member
nominated as part of a "slate" is disqualified, must the Judges of Election
reopen nominations to fill the slate?
No. There is no provision in the LIUNA
Constitutions which entitle candidates to a full slate. In the Matter of LIUNA Local 304,
IHO Order and Memorandum, 95-26P (October 26, 1995).
11. Is a member
who has transferred into the Local Union from another LIUNA-affiliate eligible
to run in the next election?
A member who has
transferred his or her membership into another Local Union is not eligible to be
a candidate for office until he has been in continuous good standing for two
years. IUC, Article XXI, Section
5.
NOTE: If a Local Union is
newly chartered, (for a period of less than two years), the “Qualifications for
Office” provisions of ULUC, Article V, do not apply. With regard to merged Local Unions, good
standing membership in the former Local Union satisfies the good-standing
requirement in ULUC, Article V, Section 1.
12. What is the
process for members to nominate a “slate” of officers?
As stated above, the
LIUNA constitutions do not directly address the issue of slate voting. For the purposes of nominations,
however, the Constitution provides that “[n]ominations shall be made in the
following order: President, Vice President, Recording Secretary,
Secretary-Treasurer, Business Manager/Delegate, Sergeant at Arms, Auditors . .
.” ULUC Article VI, Section
1(g). Accordingly, members of a
particular slate should be nominated individually, during the period of time
where nominations are open for that particular office. (For information about how to identify a
slate of officers on a ballot, See Chapter 7 of this Guide under
Frequently Asked Questions).
NOTE: While slate voting is
permissible, the balloting must allow members to vote for the candidates of
their choice. Thus, the voter must
be able to choose among individual candidates if he does not wish to vote for an
entire slate and the voting instructions must clearly state that the
voter need not vote for an entire slate.
See 29 C.F.R. 452.112.
SCHEDULING THE
ELECTION
The election must be
scheduled at a time and place which ensures that all members have a reasonable
opportunity to vote.
Reasonableness is the key word. The Local Union is not expected to
accommodate the individual schedules or locations of each and every member. Frequently, what is reasonable depends
upon the particular characteristics of the Local Union such as geographic
jurisdiction or work schedules of the membership.
REQUIREMENTS
q
The date of the election
must be set by the Local Union membership.
The membership must also determine the location and the hours during
which the polls will remain open.
These decisions must be made at the regular meeting of the membership in
the month of May, following the nomination meeting. See ULUC Article VI, Section
2(j).
q
There must be at least
fifteen (15) days between the mailing of the election notice and the date of
election. See ULUC Article
VI, Section 2(j).
SUGGESTIONS
·
Consider using more than
one polling place if the membership is spread over a wide geographic area. The election can be held over a two-day
period, so all the Judges of Election can be present at both polling sites. See also Frequently Asked
Questions below.
·
If the election takes
place at more than one location, the Judges of Election should take caution to
ensure the secured custody of the ballot box. For example, when the ballot box leaves
the first location, the box should be sealed in the presence of all candidates
and watchers, and each Judge of Election should sign across the seal. At the second voting location, the
candidates and watchers should also be present when the ballot box is
opened.
·
If your Local Union has
members that work different shifts, the polling place(s) should be open long
enough to accommodate such schedules.
Be reasonable and consider how long it would take most members to get to
the polling site either before or after their work shifts.
·
If a substantial portion
of the Local Union membership is non-English speaking, prepare all notices
regarding the election in the appropriate native language except as otherwise
proscribed by law. English is the
official language of the International Union, International Union Constitution,
Article XXIV, Section 4. The
Independent Hearing Officer and some federal courts have ruled, however, that
failure to provide bilingual election information may preclude the required
reasonable opportunity to participate in the election process and may result in
a rerun.
FREQUENTLY ASKED
QUESTIONS
1.
In what month is the election normally held?
The membership must set
the date of the election at the May meeting. ULUC Article VI, Section 2(j). The election need not be held in May,
however. In fact, depending on when
the May meeting is held, holding the election in May might not be adequate time
for election campaigning and preparation.
In most cases, the election is held in the month of
June.
2.
What is reasonable in terms of polling hours and polling
sites?
The statutory protection
of the right to vote implies that each union member should have a reasonable
opportunity to vote. Thus, the
local union is obligated to conduct its election of officers in such a way as to
afford all its members a reasonable opportunity to cast ballots. What is “reasonable” may depend on
factors such as the distance between the members’ work sites or homes and the
polling place, the means of transportation available, the nature of the members’
occupations, and their hours of work.
(29 C.F.R. § 452.94).
Accordingly, if your
Local Union has a widespread membership, use of only one polling place may be a
violation of the requirement to give all members a reasonable chance to
vote. For example, use of one
polling site, located a great distance from many work sites, where mail
balloting had been an option, led the Independent Hearing Officer to conclude
that Union members had not received a reasonable opportunity to vote. In the Matter of Local 576, IHO
Order, 00-22P (May 26, 2000); In
the Matter of LIUNA Local 784, IHO Order and Memorandum, 97-02P (April 3,
1997), citing Donovan v. Local 41, International Brotherhood of Teamsters,
Chauffeurs, Warehousemen, and Helpers of America, 598 F. Supp. 710, 716-717
(W.D. Mo. 1984). In another case,
the Department of Labor vacated an election where the polls were open for only
two and a half hours after members' normal working hours and some members worked
from 60 to 125 miles from the polling site. In the Matter of LIUNA Local 784,
IHO Order and Memorandum, 97-02P (April 3, 1997), citing Hodgson v.
Carpenters, Local 2287, Office of Labor-Management Standards No. 63-5616-7
(1970). In another LIUNA case,
In the Matter of LIUNA Local 1278, IHO Order and Memorandum, 97-29P
(October 2, 1997), a Local Union used only one polling place, open from 11:00
a.m. until 7:00 p.m., on a working day, where many members were located as far
away as four hours by car. The
Independent Hearing Officer determined that this arrangement did not give all
the members a reasonable
opportunity to vote. If your Local
Union covers a wide geographic area, you might consider using multiple polling
places, and/or holding the election on a Saturday, so it will not conflict with
members' work schedules as much. In
contrast, the Independent Hearing Officer in In the Matter of Local 137,
IHO Order and Memorandum, 98-37P (September 28, 1998), found that nine (9) days
of voting at 25 sites is quite reasonable.
These are decisions which must be made based on the particular
circumstances of your Local Union.
NOTE: Keep in mind that if
multiple polling places are used, a Judge of Election should be present at each
one.
3.
May a Local Union use mail-in balloting?
Although Article VI,
Section 3 of the ULUC requires in-person balloting, where a Local Union governs
a wide geographic area, a request for a variance to use a mail-in ballot may be
granted if a need to do so is demonstrated to the LIUNA General President. Only the LIUNA General President may
grant a variance to use a mail-in ballot.
In the Matter of Local 5, IHO Order and Memorandum, 00-12P (May 5,
2000); In the Matter of LIUNA
Local 609, IHO Order and Memorandum, 95-15P (September 19, 1995). If your Local Union receives such a
variance from the General President, you will receive written guidance at that
time. There is no obligation
to use mail-in ballots. The
Constitution and the LMRDA only require that members are given a "reasonable
opportunity" to vote. In
the Matter of Local 724, Order and Memorandum Regarding Reconsideration,
98-53P (December 9, 1998). A
variance granted to allow the use of a mail-in ballot in a particular election
will not carry over to any subsequent election, that is, a new variance must be
obtained.
THE
CANDIDATES
As a Judge of Election,
you must determine whether a candidate is eligible to run for office. Making this determination will probably
be one of your most important tasks, sometimes requiring you to make difficult
judgments. Article V of the ULUC
sets forth the qualifications for candidacy. While your personal judgment is a valid
part of a determination as to eligibility, you are cautioned that any error may
damage the integrity of the process.
If an eligible member of your Local Union is erroneously determined to be
ineligible to run for office (or if an ineligible person is allowed to run), the
election might be successfully challenged even if every other aspect of the
election process was done correctly.
REQUIREMENTS
1.
Procedural Rules
q
Each member in good
standing, subject to the reasonable rules, regulations and qualifications of the
LIUNA Constitution, shall have the right to run for office. Ethical Practices Code, Democratic
Practices, Section 1. The rules for
conducting a Local Union election and candidate qualifications are set forth in
ULUC, Article V.
q
In order to run for
office, a member must:
(a) have
been in good standing with LIUNA for two years prior to the
nomination;