RULES GOVERNING THE 2001

NOMINATION AND ELECTION

OF OFFICERS AND DELEGATES FOR

LABORERS' LOCAL 2


Pursuant to her appointment by the LIUNA Office of the GEB Attorney and in accordance with the terms of a variance issued by General President O'Sullivan, Barbara Zack Quindel shall serve as the independent Election Officer and conduct and supervise the nomination and election of Officers and Chicago District Council Delegates ("Delegates") for  Local 2. In doing so, Quindel will exercise the authority granted by the Laborers' International and Uniform Local Union Constitutions to the Local Executive Board, the Secretary-Treasurer, and to any other individual or entity in Local 2 with respect to the nomination and election of Officers and Delegates.

The Election Officer, consistent with her duties and obligations, reserves the authority to take all necessary actions in conducting and supervising the Local 2000 election process in order to insure a fair, honest and open election.

The following Rules will govern the conduct of the nomination and election of Officers and Delegates for Laborers' Local Union No. 2. Copies of these Rules are available at Local 2's office at 6607 S. Archer Avenue, Chicago, Illinois 60638 (telephone 773-586-5766) and at the offices of Perry, Shapiro, Quindel, Saks & Lerner, S.C., 823 North Cass Street, P.O. Box 514005, Milwaukee, WI 53203-3405 (telephone (414) 272-7400; facsimile (414) 272-7450). Copies of the Laborers' International and Uniform Local Union Constitutions are also available at the Local 2 office.

Qualification for Office
 1. Under Article V of the Uniform Local Union Constitution, to qualify as a candidate for office, a member must have been in continuous good standing in the International Union and Local 2 for a period of two years immediately prior to nomination, and be current in the payment of dues. In addition, a nominee must be a citizen of the United States, literate, and "working at the calling" during the entire year immediately prior to nomination. Other qualifications for office, including further explanation of the requirement of "working at the calling," are set forth in Article V and in the LIUNA International Constitution. All of the qualifications for office must be present at the time of nomination, as well as at the time of election and during the term of office. All prospective candidates and nominators are urged to verify their eligibility in regard to dues payment prior to the Nominations Meeting. All inquiries should be directed to Barbara Zack Quindel.

Nominations
 2. A notice has been mailed to each member in good standing of Local 2 at his/her last known home address setting forth that nominations for President; Vice President; Recording Secretary; Secretary-Treasurer/Delegate; Business Manager/Delegate; Sergeant-at-Arms; three (3) Auditors; two (2) Executive Board members; and two (2) Chicago District Council Delegates will be held on February 10, 2001 at 12 p.m. noon at 300 S. Ashland Avenue (Teamster Hall) Chicago, Illinois.

3. Nominations must be made from the floor by a member in good standing other

 

 than the nominee. Any member whose dues are paid through December, 2000, will have the right to nominate the candidate of his or her choice.

4. Nominations will be chaired by Election Officer Barbara Zack Quindel or her designee. Prior to nominations, the Election Officer will announce the salary and compensation to be paid to elected officers and delegates, providing that adjustments to salaries and compensation during the term of office may be affected in accordance with the provisions of the Uniform Local Union Constitution Article IX.

5. All members nominated will be nominated by another member in good standing. No second is necessary. All nominees must be present at the time of nomination, unless absent from the meeting on business for Local 2, for the Laborers' Chicago District Council, or for the International Union, or exc6sed for just cause by a vote of the Local 2 membership. All nominators must state their name at the time they are recognized by the Election Officer, and submit a form provided by the Election Officer providing their name, address and social security number.

6. Nominations will be made in the following order for the thirteen (13) elective
offices and positions, whose terms shall expire at the membership meeting held in June, 2003:

President;
Vice President;
Recording Secretary;
Secretary-Treasurer/Delegate;
Business Manager/Delegate;
Sergeant-at-Arms;

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Two (2) Executive Board members; and

Two (2) Chicago District Council delegates.

Candidates may be nominated both for Chicago District Council Delegate and another office (other than Secretary/Treasurer-Delegate or Business Manager-Delegate) provided that the i candidate is nominated separately for each office.

7. Eligibility of nominations shall be checked by designees of the Election Officer at the time of the nomination meeting. In the event that a nominator is disqualified, nominations for the office shall be reopened. 

8. Nominees shall indicate immediately upon nomination whether it is accepted or declined. Nominees that cannot attend the Nominations Meeting must so notify Election Officer Barbara Zack Quindel, including the reason for their absence, by 4:00 p.m. on February 9, 2001, but in no event later than the close of nominations, and shall also provide a written acceptance or declination of nomination. If the absence is permitted under these rules, the acceptance or declination will be read at the time of nomination. Unexcused absence from the Nomination Meeting will serve to disqualify such member from any subsequent nomination in the same election. Once a nomination is accepted, the nominee does not have the right to withdraw his or her candidacy prior to the election.

9. At the close of nominations, all nominators and candidates must complete and submit a Candidate Qualifications Form provided by the Election Officer to confirm their eligibility to nominate and to hold office. The candidates will then and there be examined by the Election Officer or her designee to determine their qualifications for office.

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10. Any member in good standing wishing to protest the qualification of any candidate or who may have information or data regarding the qualifications of a candidate, may provide that information to the Election Officer at the examination of nominees following the Nomination meeting.

11. Further investigation of qualifications may occur following this examination meeting as determined necessary by the Election Officer. After the Election Officer completes the examination and investigation, she will pass upon and decide whether or not each candidate qualifies for office, as provided, and will notify any disqualified nominee of the reason for the disqualification.
12. If the Election Officer disqualifies any candidate, which results in there being no candidate for an office, or insufficient candidates for Auditor, Executive Board, or Delegate, then the Election Offcer will notify members of the need to hold the February 19, 2001, nomination meeting referenced in the Nominations Notice. If any nominations are made, the Election Officer or her designee will immediately examine the new nominee(s) and report on same.

13. In the event there is no contest for an office and the candidate for the office is found properly qualified, the Election Officer will certify that there is no need for a secret ballot election for the office(s), and the nominee(s) will be declared duly elected.

Slates
 14. Each candidate may join a full or partial slate of candidates, provided that each slate contains at least two (2) candidates. No member will be compelled to run as a member of a slate, nor will any candidate be permitted to run on more than one slate. 

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15. To form a slate, there shall be mutual consent between and among all candidates running on the slate. Such mutual consent shall be evidenced by the signing of a declaration by all members of the slate, giving the position each participating candidate seeks and the name of the slate to be formed. Slate Declaration forms may be obtained from the Election Officer.

The slate declaration must be submitted to Election Officer Barbara Zack Quindel at her office no later than 5:00 p.m. on February 21, 2001.

16. No candidate may withdraw from his or her own slate after the filing of a slate declaration. Should one or more members of a slate be found ineligible to run for office, such ineligibility will not affect the eligibility of the remaining slate members. Amended slate declarations may be submitted adding additional candidates, provided that each slate member signs the amended slate declaration and the deadline for submission of slate declarations has been met.

Ballot
 17. Only the names of properly nominated and eligible candidates will be printed on the election ballot. Slates will be listed first on the ballot, followed by unaffiliated candidates. If more than one slate is nominated, or more than one unaffiliated candidate is nominated for the same office, a lottery will be conducted to determine ballot placement. Candidates will be notified of the date, time and place for the lottery.

18. Once the Election Officer or her designee has declared the nominees eligible to run, no nominee will be stricken from the ballot for any reason, including the unavailability or unwillingness of the nominee to serve in office.

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Election Procedures
 19. A notice of election will be mailed to the last known home address of each Local 2 member on or before February 21, 2001.

20. Direct, in-person voting for the officers and positions shall take place on March 10, 2001, between the hours of 7 a.m. and 7 p.m. at 300 S. Ashland Avenue (Teamsters Hall), Chicago, Illinois.

21. To be eligible to vote in the election, a member must be current in payment of his or her dues. In accordance with Article V, Section 3 (d), current in payment of dues for purposes of election shall mean that the member is paid through January, 2001. Dues arrearages must be paid by March 9, 2001, at 4 p.m. at the Local 2 office, 6607 S. Archer Avenue, Chicago, Illinois.

22. Those permuted to be in the voting area are the Election Officer and her designees, the Trustee of Local 2, and each candidate or the candidate's designated Watchers and such other persons whose presence the Election Officer may deem necessary in the process and conduct of the election.

23. Upon entry into the polling place, the voter shall appear before the Election Officer or her designee and shall present the voter's membership card, a photographic LD., dues payment receipt or other form of documentation sufficient to insure identification. The voter shall be checked against the Membership Voting Register by the Election Officer or her designee who shall determine if the member is listed as qualified and entitled to vote. Voters shall be required to sign his/her name and social security number on the Membership Voting Register, which Register, when the voting has been concluded, shall then be signed by the Election Officer and any designees who checked in voters.

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 24. The voter shall be given an official ballot and directed to the voting area, which shall be physically arranged so as to insure privacy while the voter is marking the ballot. After voting is completed, the voter shall place the ballot into the ballot box. The voter shall then leave the polling place.

25. Candidates or their Watchers may challenge the eligibility of voters in writing stating the specific reasons for the challenge. Challenges shall be given to the Election Officer at the time the voter appears to vote. If the challenge cannot be resolved to the satisfaction of the Election Officer prior to the time for voting, said voter shall cast a challenged ballot. In such a case, the voter shall enter the voting booth, vote, and then place the ballot into an unmarked envelope, which is to be sealed by the voter. That sealed envelope, with no identifying mark on it, shall then be placed into ~a challenged ballot envelope, which the voter shall sign, and on which shall be printed the voter's name and Social Security number, as well as the reasons for the challenge. All challenged ballot envelopes shall be set aside, and shall be opened only if necessary. Meritless challenges shall not be entertained by the Election Officer.

26. At no time shall anyone in or around the polling place attempt to influence, coerce or disturb another in that person's attempt to vote. No one shall enter the voting booth with any voter at any time. Aid that needs be given to the voter shall come only at the voter's request and shall be given only in the open, public areas of the polling place by the Election Officer or her designee.

27. No one shall be permitted to loiter at the polling place.

28. No one shall be permitted to campaign inside or within one hundred (100) feet of the entrance of the polling place, or such other distance as the Election Officer find appropriate.

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This includes a prohibition on the wearing of campaign stickers, hats, shirts, or other campaign paraphernalia by any person inside the polling place. Persons campaigning for one candidate shall under no circumstances be allowed to campaign closer to the polling place than persons campaigning for another candidate.

29. The ballot box shall be large enough to accommodate the maximum number of ballots to be cast, and there shall be a sufficient number of boxes to accommodate all voters. Each box shall be left open to be inspected by the Election Officers and by all election observers until the voting is to begin. At that time, each box shall be sealed tightly and the seal shall be signed by the Election Officers and by interested observer(s). If there is any disturbance or interruption in the voting, the ballot slot shall be sealed, and the seal shall be signed by the Election Judges and by interested observer(s). No box shall be removed from the voting area during the voting period. Upon commencement of the count, each box shall be unsealed only after an inspection by the Election Judges and by the observers.

Count of Ballots
 30. When the closing time has arrived and voters present and in line have voted, the Election Officer and her designees will proceed to count and tally the vote for each office or elective position in the presence of the Watchers.
31. In counting the ballots, the clear intent of the voter will govern. For example, should the voter use a check mark rather than an "X" mark, his vote will be counted if his choice is clearly indicated. Under the clear intent rule, a candidate will be credited with a vote if the voter has underlined or circled the candidate's name or has otherwise indicated his or her definite

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 choice by clearly marking to the right or left of the candidate's name.

32. If on any ballot the total number of candidate votes exceeds the number of persons to be elected to that office, that portion of the ballot will be void but the remaining portion of the ballot will be counted; except that where a voter has also marked the ballot for a full or partial slate of candidates, the slate vote only will be counted. Where a voter has marked a ballot both for a full or partial slate and for some or all of the candidates listed under the slate- heading, the markings for the individual slate members will be disregarded and the slate marking will be counted as a vote for every slate member.

33. There shall be no "write-in" candidates and any ballot containing a write-in candidate will be void insofar as the vote for that office is concerned, and such ballot for that office will not be considered as having been cast in determining the vote for that office.
34. The candidate for each office or position who receives a plurality of the votes cast for the office or position will be elected thereto, except in the case of Auditors, where the three (3) candidates receiving the highest number of votes will be elected, Executive Board members, where the two (2) candidates receiving the highest number of votes will be elected; and Delegates, where the two (2) candidates receiving the highest number of votes will be elected. In the event of a tie in the votes cast for the candidates for any office, the decision will be made by lot from among the candidates having the tie vote.

35. All unchallenged ballots shall be counted first. In the event that any candidate attains a margin of victory greater than the number of challenged ballots left to be counted, the count shall cease with respect to such candidate. However, if such is not the case for all candidates, for all offices, a sufficient number of challenged ballots shall be resolved so that the

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number of challenged ballots remaining could no longer affect the outcome of an election and those challenged ballots resolved in favor of eligibility counted.

Watchers
 36. Each candidate may, at his or her own expense, designate in writing a Watcher who must be a member of Local 2 and who must, no later than the day of election, deposit such written appointment by the candidate with the Election Officer. Candidates or slates of candidates will be allowed additional Watchers as necessary to observe all proceedings at the election.

37. Watchers will be permitted to observe all aspects of the nomination and election process, including the mailing of campaign literature and the handling of ballots.

Candidate Mailines
 38. The Local 2 Trustee will comply with all reasonable requests of any candidate to distribute by mail, at the candidate's expense, campaign literature in aid of such person's candidacy to all members in good standing of the Local and to refrain from discrimination in favor of or against any candidate with respect to the use of lists of members. The following procedures will be observed:

1. 48 hours prior notice must be provided to the Local 2 Trustee in advance of any request of labels;
2. The candidate shall duplicate, stuff and apply postage to the literature to be mailed;

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3. Local 2 will provide printed address labels at a cost of fifty cent (50¢) per page;
4. Candidates or their representatives must apply labels to their envelopes at Local 2 offices during regular business hours, and at a time approved by Local 2 (between 7 a.m. and 4 p.m., Monday through Friday);