Election Procedures

1
Election Procedures
2
Introduction

• You may be responsible for appointing a committee
  to conduct your locals election of officers in
  accordance with federal law and your unions/
  locals constitution and bylaws.

3
Objectives

• At the conclusion of this module, you will be
  able to instruct your committee on the following
• Hold a local election
• Identify campaign rules

4
Outline

• Holding Elections
• Campaign Rules
• Election Procedures
• Election Checklist
• Electing Union Officers by mail (handout)

5
Holding Elections

• What local offices must be filled by election?
• Any constitutional officer, any person authorized
  to perform the functions of the president, vice
  president, secretary, treasurer or other
  executive functions of the local, or any member
  of its executive board or similar governing body.
• A constitutional officer is any person holding a
  position identified as an officer by the
  constitution and bylaws of the union.

6
How Often

• Locals are required to hold elections for each
  position at least every three years.

7
Notice of Nominations

• The offices to be filled by election
• The date and time for submitting nominations
• The place for submitting nominations
• How to submit the nomination

8
Methods for Reasonable Notification

• Mail a notice
• You can also include the notice of election
  information and satisfy that requirement
• Publication in a union newsletter
• Is reasonably calculated to reach all members in
  good standing, and
• Actually provides reasonable opportunity of
  nominations to be made or other means in
  accordance with the local constitution and bylaws

9
Who can run?

• Any member in good standing, subject to
  reasonable qualifications in the locals
  constitution and bylaws

10
What are the factors used to determine whether a
reasonable qualification is reasonable?

• Its relation to the legitimate needs and
  interests of the union
• Its relation to the demands of the union office
  to which it is applied
• The number of members who are disqualified by its
  application
• A comparison of normal requirements of other
  unions
• The degree of difficulty union members have
  meeting the qualification (see CSRA, 29 CFR, for
  restrictions on convicted felons)

11
Campaign RulesDistribution of Literature

• A union must honor all reasonable requests by a
  candidate to distribute literature at his or her
  expense to all members in good standing. The
  union may not censor campaign material and must
  treat all candidates equally.

12
Campaign RulesInspection of Membership List

• Each bona fide candidate has the right to inspect
  the membership list once within thirty days of
  the election. In the case of a mail-ballot
  election, within thirty days prior to the ballots
  being mailed. This does not include copying.

13
Campaign RulesUse of Union Funds

• Union funds may not be used to promote the
  candidacy of a particular individual in a union
  election. These funds may, however, be used for
  notices, factual statements of issues not
  involving candidates and other expenses
  necessary for holding an election.
• (Employers may not contribute either)

14
Election Procedures

• What is a member in good standing?

15
Election Procedures

• A member shall be considered in good standing if
• (a) The payment of his or her dues is not more
  than 45 days in arrears.
• (b) His or her membership has not been modified
  by disciplinary action imposed in accordance with
  this constitution.

16
Election Procedures

• During the planning of the election, the election
  committee should update the membership list.
  (This will ensure all the membership information
  is correct and current)
• The membership list can be obtained from the
  membership department at the Associations
  national office.

17
What is a Secret Ballot?

• A ballot that makes it impossible to determine
  the identity of the voter

18
Notice of Election

• Must be mailed to the last known address of every
  member in good standing, postmarked at least 15
  days prior to the election.
• Contents must specify the date(s), time(s), and
  place of the election and the offices to be
  filled and must be in a form reasonably
  calculated to inform the members of the impending
  election.
• If the election is a regular, periodic election
  of all local offices and the notice so indicates,
  further specification of the offices to be filled
  is not necessary.

19
Uncontested Elections

• An election of officers by secret ballot need not
  be held if the candidate for an office is
  unopposed and the following conditions are met
• The union provided for a reasonable opportunity
  for nomination.
• Write-in votes are not permitted as evidenced by
  a provision in the constitution or bylaws of the
  local.

20
Counting the Ballots

• The election committee should, if necessary,
  obtain an updated membership list from the
  national office prior to the count for ballot
  validation.
• Ballots should only be handled by the election
  committee.
• Results must be published where all interested
  members have reasonable access to the information.

21
Observers

• Each candidate has the right (and should be
  reminded) to observe and have observers present
  at each polling place and at the counting of the
  ballots.
• The candidates can have as many observers as
  necessary observe all counting and ensure a fair
  election.

22
Election ChecklistCan you answer yes?

• Are elections held within 3 years?
• Do members have a reasonable opportunity for
  nomination?
• Do members have a reasonable amount of time to
  nominate candidates?
• Do all members in good standing have an
  opportunity to be nominated?
• Is the membership list updated so candidates have
  an opportunity to inspect it within 30 days of
  election or mailing of ballots?

23
Election ChecklistCan you answer yes?

• Are no union or employer funds involved in
  promoting the candidacy of any person?
• Do all members in good standing have the
  opportunity to vote?
• Are election notices mailed to the last known
  address of all members at least 15 days prior to
  the election?
• Have the candidates been given the opportunity to
  have observers present at the polling places or
  the ballot counting?

24
Election ChecklistCan you answer yes?

• Can the members support the candidate of their
  choice without fear of reprisal?
• Are the election procedures in compliance with
  applicable regulation and the local and national
  constitution and bylaws?
• Are all ballots and other election materials kept
  for one year?