In the Matter of Local 784
Laborers' International Union of North America
Independent Hearing Officer

Docket No. 99-35P

Decided July 2, 1999

Order and Memorandum

This Order and Memorandum addresses the election protest of A.Y. Cotton ("Cotton") regarding the procedures followed in the election of officers of the Laborers' International Union of North America ("LIUNA") Local Union 784 ("Local 784") in Montgomery, Alabama. Based upon the investigation conducted by the Independent Hearing Officer ("IHO"), the protest of Cotton is GRANTED. The election of officers shall be rerun under the conditions set forth below.

Timeliness of Protest

Article XII, Section 8 of the Uniform Local Union Constitution ("Constitution") states that "[a]ny member aggrieved with the conduct of election must protest directly to the Independent Hearing Officer within thirty days after the election." The protest of Cotton was received more than thirty days after the election. The IHO will waive the application of Article XII, Section 8, upon good cause shown to correct an injustice or to correct an unfair election process. See In the Matter of Local 762, IHO Order and Memorandum, 97-47P (January 27, 1998); In the Matter of Local 500, IHO Order and Memorandum, 98-45P (July 22, 1998). Because facts set out below demonstrate good cause shown, the IHO will hear the protest.

Findings of Fact

1. Cotton is a member in good-standing of Local 784.

2. Local 784 held the election of officers on May 7 and 8, 1999.

3. On May 7, 1999, the polls were open in both Fort Rucker and Troy, Alabama.

4. On May 8, 1999, the polls were open in Ashford, Alabama and Cuthbert, Georgia.

5. The Executive Board and the Judges of Election, pursuant to a vote of the general membership, also conducted a portion of the election by mail-in ballot. Twenty mail-in ballots were sent to selected members.

454

  455 In the Matter of Local 784 1999

6. Article VI, Section 3, of the Constitution requires in person voting at all local union officer elections. Any variance from this requirement must be specifically granted by the General President. See Letter from A. Coia, General President, to Local Union 89, February 8, 1999; Letter from A. Fosco, General President, to Local Union 913, August 5, 1985; See Letter from A. Fosco, General President, to Local Union 1239, May 29, 1979; Letter from A. Fosco, General President, to T. Klein, June 18, 1987.

7. Local 784 did not receive authorization from the General President to conduct a mail-in election.

8. The IHO investigation into the protest also raises other possible election violations. These possible violations include candidates being involved in the ballot printing process, candidates having possession of the ballots before the election, a lack of ballot security, a lack of formality at the polling places (including candidates acting as their own watchers), candidates being present during the ballot count, and candidates assisting the Judges of Election in determining voter eligibility. Because the election must be rerun, the IHO will not examine the merits of these allegations.

Conclusions

1. Local 784 had no authority to conduct a portion of the election by mail-in ballot. Aside from not obtaining permission from the General President, the mail balloting was conducted in a discriminatory manner, and was utilized for only a portion of the membership. This is a per se violation of the election procedure. A rerun election shall be conducted.

2. Although the IHO has no need to review the allegations regarding the in person voting procedures, the allegations concerning the in person voting procedures should be addressed prior to the rerun election.

3. The IHO specifically notes that none of the decisions by the Judges of Election and the Executive Board were made in bad faith.

Decision

The 1999 Local 784 election of officers shall be rerun.

456 In the Matter of Local 784 1999

The IHO notes that the forthcoming rerun election is the third rerun election ordered by the IHO for Local 784 in the past four years. Although the personnel involved in the 1999 election acted in good faith, the IHO has determined that the Local 784 needs instruction as to how to conduct an election. The Regional Manager is directed to take charge of the rerun election. The Regional Manager is further requested to hold an on-site training session at Local 784 regarding all necessary facets of election procedure. The Regional Manager's attention is directed to the pamphlet "Conducting Local Union Officer Elections," U.S. Department of Labor, 1995.

PETER F. VAIRA

INDEPENDENT

HEARING OFFICER