Does you labor union provide you the same high level of rights as a delegate to your International Convention as the Laborers have? See below.  If not why not?  If Laborers can force their union with the help of DOJ to be more democratic and to provide free, fair, informed and democratic elections,  why can't The Carpenters? The Operating Engineers, The Electricians, etc etc

 

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Laborers for JUSTICE reports on new announcements by LIUNA Election Officer We will hyperlink in due course to sections of constitution referenced  Tell your fellow members to join the laborers group at yahoo to receive complete coverage of election contests and protest rulings. Information of value to all union members who want "UNion democracy"

http://finance.groups.yahoo.com/group/laborers/

RIGHTS AND RESPONSIBILITIES OF CONVENTION      DELEGATE CANDIDATES

All Union members should feel comfortable in participating fully in the democratic process leading up to the International Convention, including participation as a candidate for Convention Delegate.  Accordingly, you should be aware of some of the basic rights and responsibilities of candidates for Convention Delegate.    All of these rights are set forth in the 2006 Election Rules, and you should consult the Rules for more in-depth information on the topics presented here.  

 1.                  Right to be a Candidate

         Any LIUNA member who meets the qualifications for office set forth in LIUNA’s Constitutions may be nominated and run for Convention Delegate.  The main qualifications are that a member be (1) in good standing with LIUNA for two years prior to nomination; (2) in good standing with the Local for two years prior to nomination; (3) a United States citizen or lawful permanent resident; (4) literate; and (5) working at the calling of the Union for the entire year immediately prior to nomination.  Generally, "good standing" means current in the payment of dues and "working at the calling" means being employed at a job covered by a LIUNA agreement that does not involve the hiring or firing of other laborers or directing their work.  A person out of work may also be considered "working at the calling" if he or she actively and continuously has sought work in accordance with the Local's hiring hall or referral procedures.  A candidate must remain qualified throughout the election and his or her term of office. 

In order to be a candidate, a LIUNA member must be nominated by another member in good standing.  A member cannot nominate himself or herself.

2.                  Campaign Rights and Restrictions

     Candidates for Convention Delegate have a basic right to campaign among fellow Union members.  The Election Rules require a 30-day period between nominations and the election in order to provide a reasonable period in which to campaign.  Campaigning may take many forms, but the 2006 Election Rules give candidates several specific rights in the campaign process.  These rights include the following.

Campaign Mailing at Elections Officer's Expense:  Each Delegate candidate is allowed a one-page, black and white, campaign letter that is mailed out by the Local to all members.  Candidates must provide the Local a copy of the mailing no later than 10 days after the nomination meeting.  Candidates do not pay for this mailing, but Locals are entitled to reimbursement from the EO for the reasonable costs of the mailing.

Campaign Mailings at Candidate's Expense:  Candidates are also entitled to have the Local handle reasonable requests to mail out campaign literature to members at the candidate's expense.  Candidates may be required by the Local to pay in advance for the reasonable costs of the mailing, provided that the Local applies the same payment terms to all candidates.

Right to Inspect Local Membership List:  Nominated candidates have the right to inspect a list of the names and last known addresses of all Union members eligible to participate in the Convention Delegate election.  The candidate is entitled to exercise this right at least once within the 30 days prior to the election.  The right of inspection does not include the right to copy the list, although a candidate can compare the list with a personal list of members.  Locals may choose to permit copying of the list, but if they do so all candidates must be permitted to obtain a copy at the same time and on the same terms.

Right to Worksite Lists:  Under the Election Rules for the election of Convention Delegates, each Local must compile a list of worksites where members are employed.  The Local must make these lists available to any candidate on request.  Candidates, however, are to use worksite lists solely for campaign purposes.

Right to Campaign at Local Meetings:  All Convention Delegate candidates have the right to address Union members for the purpose of campaigning at regular meetings of the Local held between nominations and the election.  Candidates must be given at least five minutes to address the meeting.  The Local may allow more time, but all candidates must be permitted the same amount of time.  Candidates must notify the Local Secretary-Treasurer of their intent to address the meeting at least 24 hours in advance.

In addition to these campaign rights, there are also some restrictions on campaign conduct that all candidates and their supporters must observe.  Candidates are prohibited from using either Union or employer funds to campaign.  This restriction is very broad.  Union and employer funds include not only money, but anything of value such as the use of office equipment, vehicles, phones, or campaigning on time for which an individual is paid by the Union or an employer.  The restriction on the use of employer funds is also broad in the sense that it is not limited to employers with whom LIUNA has collective bargaining agreements.  Instead, the restriction applies to any company or person with employees.  If you have any questions regarding these limitations on campaign activity, you are encouraged to contact the Elections Office for guidance.

Another restriction on campaigning is the "no campaign zone" on election day.  When a Local holds its election by voting in-person, no campaigning is permitted in the polling place or within 100 feet of the polling place.  This zone should be clearly marked on election day.  The purpose of this rule is to allow voters a final opportunity to consider their choice without the pressure of direct appeals for their support.

3.                  Right to Have Observers

Under the Election Rules, candidates have the right to have observers present during key events in the election process.  For example, observers can be present during the printing of ballots, at the polling place on election day in an in-person election, and when ballots are mailed out and retrieved from the post office in a mail ballot election.  The term "observer" as it is used in the Election Rules is the same as the term "watcher" that you may be familiar with from Local Officer elections. 

4.                  Protest Rights and Procedures

     If a candidate, or any other Union member, believes that a violation of the Election Rules has occurred in the election process, that person has a right to file a protest with the EO.  Protests must be in writing.  To file a protest, send a letter or fax to the EO, containing a clear and concise statement of the alleged election violation.  Remember to include your name, address, telephone number, and Local Union number.  The EO or a representative from his office will then investigate the protest, and the EO will issue a written decision.

Candidates need to be mindful of the deadlines for filing a protest, which are contained in the Election Rules.  Generally, protests must be filed with the EO within 72 hours of when the protestor knows of the violation.  This relatively short deadline for protests is necessary to insure that the EO can decide all protests in sufficient time for the Local to have Delegates seated at the Convention.