OFFICE OF THE INDEPENDENT HEARING OFFICER
 LABORERS' INTERNATIONAL UNION OF NORTH AMERICA

IN THE MATTER OF DOCKET NO.
LOCAL UNION 5
CHICAGO HEIGHTS ILLINOIS		 00-12P

ORDER (Image) 


    This order addresses the  election protect filed by James  McGough,  a member in good
standing of Local Union 5 in Chicago Heights, Illinois on May 5, 2000. McGough protests the fact
 that the election, scheduled to take place on June 3, 2000, will not be a mail ballot election.
 According to McGough, the membership voted in favor of of mail ballot election at the April 2000
 membership meeting.

     The decision to allow a local union to conduct  its election by mail ballot is left to the sound discretion
 of the General  President. The local union must request a variance from the General President to
 conduct its elections by mail ballot. The Independent Hearing Officer (IHO) has no authority to order
 a local union to conduct a mail ballot election or to request a variance from the International Union to
 conduct a mail  ballot election. In the Matter of Local 310, IHO Order and Memorandum,
96-02P (May 21, 1996).

    The protestor correctly states that all LIUNA members are entitled to vote for in a free and fair election and
 that an essential element of a free and  fair election is a reasonable opportunity to vote. The
IHO  notes that  a mail ballot election is not an essential element of a  reasonable
opportunity to vote. See In the Matter of Local 137, IHO Order and Memorandum 98-37 P
September 28, 1998). There are several ways to ensure that members have a reasonable
 opportunity to vote, including multiple polling sites and multiple days on which the polling site
 or sites will be open A mail  ballot is only only one of of the vehicles to insure  a reasonable
 opportunity to vote Id

 At this point the facts cited in one protestor's petition do not demonstrate that there will
 not be a reasonable opportunity to vote , not withstanding the failure to request a mail ballot. Id.
The IHO notes that in the 1996 International Delegate and  International Officer Election, the
 independent Election Officer, who had the sole and unfettered power to do so, did not order a
mail  ballot for the local 5 election.

 The Protest is DENIED

Date May 5, 2000

Ed Sladowski, Supervisor of Local 5 
James McGough

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