Laborers 2005 Guide for Local Union Judges of Election, Officers and Members

March 15, 2005

TO LOCAL UNION JUDGES OF ELECTION, OFFICERS AND MEMBERS

Dear Brothers and Sisters:

Congratulations! You have been selected to serve as Judges of Election in your Local Union. In the weeks ahead, you and the other Judges of Election will be responsible for providing members with the opportunity to exercise the most fundamental of union rights, the right to elect your Union's officers by secret ballot. The members elected to office will help shape the future of your Local Union. They will be responsible for seeking new employment opportunities, handling contract negotiations and grievances, managing the Local's finances, operating the hiring hall, and protecting and serving the interest of the membership as they strive to achieve the goals and objectives of the LIUNA Constitution.

Please note the following changes and updates to the Election Guide which have been made as a result of the amendments passed during the 22^nd Convention.

1. The Special Elections Officer (“SEO”) decides all election protests brought by a member, officer, or candidate for office within the Union. Although the Independent Hearing Officer (“IHO”) no longer handles election protests, past IHO determinations still provide guidance and sound advice.

2. In Local Union elections, the citizenship qualifications for candidacy has been expanded to include lawful permanent residents who are lawfully employable under the laws of the United States and Canada. See, Chapter 4, page 17.

3. If the Local Union is entitled to District Council delegates, the nomination notice and ballot must identify the offices and positions to be filled in the election including delegate positions. See, Chapter 2, page 5.

Your Role

As Judges of Election, you will be responsible for conducting your Local Union election of officers in accordance with the LIUNA Constitution and federal law and regulations. You will have several roles; rule maker, communicator, and judge. You must be patient, knowledgeable, organized, firm, and, most of all, impartial. At times, your hard work may seem thankless. But remember, your job is not to please everyone but to run a fair and honest election.

Local Union Judges of Election, Officers and Members

March 15, 2005

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Throughout the election process, you should be guided by three principles:

(1) Be fair and impartial; treat all candidates equally and avoid any acts of favoritism or even the appearance of favoritism. Maintain a businesslike relationship with all candidates even if you work with or are personal friends with any of them.

(2) Be familiar with and follow the election provisions in the LIUNA Constitution and applicable law.

(3) Uphold American democratic traditions by protecting the right of every member in good standing to nominate candidates and vote by secret ballot.

Failure to adhere to these principles could result in a meritorious election protest and a costly and time-consuming re-run.

What's in This Guide

The Labor-Management Reporting and Disclosure Act of 1959, as amended (“LMRDA”), establishes certain rights for union members in the United States and contains provisions to insure union democracy and financial integrity. In particular, Title IV of the LMRDA sets forth basic democratic procedures which Local Unions must follow in conducting their officer and delegate elections. The Office of Labor and Management Statistics (sic Standards) (“OLMS”) has also issued regulations interpreting the LMRDA election provisions.

This Guide is designed to be an easy-to-use reference based on the LIUNA Constitutions and federal law and regulations and the OLMS Guide for conducting Local Union Officer Elections. It will take you step by step through the election process, help you to identify your responsibilities during each step, and provide suggestions to make your job easier. Each chapter contains three parts: "Requirements" sets forth essential information about the standards for conducting elections, "Suggestions" provides practical tips for Judges of Election, and "Frequently Asked Questions" gives guidance on specific, commonly-faced issues. References to relevant provisions of the LMRDA, the LIUNA Constitution, the Ethics and Disciplinary Procedure (“EDP”), and determinations of the Independent Hearing Officer and Special Elections Officer are noted throughout.

The Appendix to this Guide contains sample illustrations and checklists for your use and are referenced where relevant in the Guide.

Local Union Judges of Election, Officers and Members

March 15, 2005

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What is NOT in This Guide

The Uniform Local Union Constitution (“ULUC”) requires in-person voting for Local Union Officers. This Guide, therefore, does not include guidelines for mail balloting. A Local Union, however, may determine that a mail ballot election is necessary to provide all members with reasonable access to the voting process, (e.g., where the membership is spread over a wide geographic area). In that event, the Local Union must apply for a Constitutional variance from the General President. If the variance is granted, the Local Union will receive written guidance on conducting a mail ballot election. Also keep in mind that the SEO decides on protests filed in mail ballot elections as well as in person elections. The SEO’s decisions in mail ballot elections may set precedent for proper procedures in such cases and should therefore be consulted when necessary. The purpose of this Guide is to provide a framework for the election process. It is not intended as a complete formula or set of instructions which, if followed to the letter, would guarantee a successful, mistake-free, election. Elections are complex procedures with any number of uncontrollable variables. This Guide could not possibly address every potential circumstance which could occur. For this reason, it is imperative that you exercise sound judgment and seek appropriate advice in addition to consulting the Guide.

Who Should Use This Guide

This Guide should be used by the Judges of Election, Executive Board members, potential candidates for office and any interested members. Although the Guide covers the "basics" and is geared primarily to Judges of Election with little or no experience in running an election, it can also be helpful to more experienced election officials. Do not assume that your Local Union's prior elections were conducted in accordance with all requirements of federal and internal union law because no election protests were filed. Violations may have occurred but no one complained. If the same mistakes are repeated, the election may be successfully challenged by a losing candidate or other member of your Local.

How to Use This Guide

Judges of Election should become familiar with the contents of this Guide as soon as possible after being selected. An initial review of the Guide will provide an overview of the election process and point out all the steps involved in conducting a fair and impartial election.

You are not expected to remember all the rules for conducting elections after reviewing this Guide. Instead, before each stage of the Local Union's election, read the applicable chapters to understand better the requirements and your responsibilities. Consult the Guide frequently during the election process.

TABLE OF CONTENTS

Page Number

CHAPTER ONE: APPOINTING JUDGES OF ELECTION AND BEGINNING THE ELECTION PROCESS 1

Section 1: Appointing the Judges of Election........................... ..................................1

Requirements........................................................................................ .....1

Section 2: Beginning the Election Process................................................ ........... .....1

Requirements.............................................................................................. 1

Suggestions................................................................................................. 3

Frequently Asked Questions....................................................................... 3

CHAPTER TWO: NOMINATIONS........................................................................................ 5

Section 1: Scheduling the Nomination Meeting and Notifying the Members................ 5

Requirements.............................................................................................. 5

Suggestions................................................................................................. 5

Frequently Asked Questions....................................................................... 6

Section 2: The Nomination Meeting.......................................................................... ... 6

Requirements.............................................................................................. 6

Suggestions................................................................................................. 8

Frequently Asked Questions....................................................................... 9

CHAPTER THREE: SCHEDULING THE ELECTION.......................................................... 13

Requirements............................................................................................ 13

Suggestions............................................................................................... 13

Frequently Asked Questions..................................................................... 14

CHAPTER FOUR: THE CANDIDATES................................................................................ 17

Requirements............................................................................................ 17

Suggestions............................................................................................... 21

Frequently Asked Questions..................................................................... 22

CHAPTER FIVE: CAMPAIGNING....................................................................................... 29

Section 1: General Campaign Rules....................................................................... .. 29

Requirements............................................................................................ 29

Suggestions............................................................................................... 30

Frequently Asked Questions..................................................................... 31

TABLE OF CONTENTS

Page Number

Section 2: Distributing Campaign Literature........................................................... .. 31

Requirements............................................................................................ 32

Suggestions............................................................................................... 33

Frequently Asked Questions..................................................................... 34

Section 3: Inspecting the Membership List................................................................. 34

Requirements............................................................................................ 34

Suggestions............................................................................................... 35

Frequently Asked Questions..................................................................... 35

Section 4: Union and Employer Funds ...................................................................... 36

Requirements............................................................................................ 36

Suggestions............................................................................................... 37

Frequently Asked Questions..................................................................... 37

CHAPTER SIX: THE RIGHT TO VOTE............................................................................ 39

Requirements............................................................................................ 39

Suggestions .............................................................................................. 40

Frequently Asked Questions..................................................................... 40

CHAPTER SEVEN: THE ELECTION..................................................................................... 43

Section 1: The Notice of Election................................................................................. 43

Requirements............................................................................................ 43

Suggestions............................................................................................... 43

Section 2: Ballots ....................................................................................................... 44

Requirements............................................................................................ 44

Suggestions............................................................................................... 46

Frequently Asked Questions..................................................................... 47

Section 3: The Polling Place....................................................................................... 48

Requirements............................................................................................ 48

Suggestions............................................................................................... 49

Frequently Asked Questions..................................................................... 50

Section 4: Watchers.................................................................................................... 51

Requirements............................................................................................ 51

Suggestions .............................................................................................. 52

Frequently Asked Questions..................................................................... 53

TABLE OF CONTENTS

Page Number

Section 5: Counting Ballots......................................................................................... 54

Requirements............................................................................................ 54

Suggestions............................................................................................... 55

Frequently Asked Questions..................................................................... 55

CHAPTER EIGHT: HANDLING PROBLEMS AND COMPLAINTS......................................57

Suggestions............................................................................................... 58

APPENDICES.................... A-N

TABLE OF AUTHORITIES..........TA-1 - TA-9

LIUNA Constitutions

International Constitution

Uniform Local Union Constitution

District Council Constitution

Labor Management Reporting and Disclosure Act (LMRDA)

CASES

INDEX........................ I-1 - I-12

CHAPTER ONE

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 pps. 17-18 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 Appendices 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 or multiple sites.

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. See, “Updating Your Union’s Membership Mailing List.” (Appendix N) (OLMS, October, 2002).

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. In evaluating the conduct of the Judges of Election, it is ultimately the decisions of the Judges, not their relationships, that must be evaluated. In the Matter of Local 500, SEO Order, 01-SEO-12 (May 11, 2001). 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).

CHAPTER TWO

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 Special Elections 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 to which the Local Union is entitled. 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.

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 a 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). In fact, once a member accepts a nomination, the member cannot then remove him or herself from the ballot. In the Matter of Local 270, SEO Order, 03-SEO-45 (August 22, 2003). Obviously, however, a nominee may be removed from the ballot by the Judges of Election or the SEO if he or she is deemed ineligible to run for office.

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 entitles 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 or she has been in continuous good standing for two years. IUC, Article XXI, Section 5.