LOCAL UNION ELECTION GUIDE

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1 LOCAL UNION ELECTION GUIDE International Brotherhood of Electrical Workers

2 IBEW Local Union Election Guide Every three or four years our members are afforded the most fundamental of democratic rights, the right to vote for representatives of their choice. This freedom to vote for the candidate of their choice is a continuation of the principles of the IBEW, guaranteed by our Constitution and bylaws. This year your local union is holding its election of officers. The purpose of this guide is to assist you in conducting that election. The rules that govern your election procedure are contained in the following: IBEW Constitution Labor-Management Reporting and Disclosure Act of 1959 (United States) IBEW Basic Laws and Policies Local Union Bylaws Each of these publications plays an integral part in your election of officers. To determine the appropriateness of the referenced publications, it is important to be aware of the ties between the documents. In the United States, the Labor-Management Reporting and Disclosure Act (LMRDA) of 1959 contains those provisions that are mandated by law. Many of the guidelines referenced in the LMRDA are already incorporated in the IBEW's rules concerning elections contained in the Constitution and bylaws. Even though the LMRDA has some explicit rules and regulations, it also gives the union some leeway in addressing certain issues. When the Constitution or bylaws exceed the minimum requirements of the LMRDA, the Constitution and bylaws now assume the position of the law. In effect, a violation of the election procedure contained in the Constitution and bylaws is a violation of federal law. Your duties as judge or teller will be much easier if you familiarize yourself with Article XVI of the IBEW Constitution and Article III of your local union bylaws. The Constitution addresses issues of a more general nature, while those contained in the local union bylaws are more specific. It is important to adhere to

3 the bylaws of the local union to guarantee a successful, trouble-free election. Even though we need to adhere to the LMRDA, the IBEW Constitution, and the local union bylaws, we also must make all decisions on a basis of equality. The rules must be the same for everyone. All candidates must be treated equally, and there can be no variation in your interpretations of the rules. After the election judge and tellers have been appointed or elected, as per the local union bylaws, the election judge now assumes authority over the election process. It is the responsibility of the election judge to oversee the election from this point. NOMINATIONS Nominations for officers shall be held in the month of May of the election year unless dispensation has been granted or stated otherwise in the local union bylaws. The local union shall decide the manner in which the nominations and elections shall be held, and such shall be stated in the local union bylaws. No member shall be nominated for office unless he/she is present or signifies his/her willingness in writing. Written acceptance of a nomination must be presented at the meeting when nominations are held. A nominated member is also required to be in continuous good standing for the two years prior to nominations. No member may be a candidate for more than one office and if nominated for more than one office must decide for which office he/she will be a candidate. All local union bylaws provide that notice of nominations and elections must be mailed to the last known home address of all members in good standing in the local union at least 20 days prior to the date of nominations. (A sample notice is included.) A single notice shall be used for notification of both nominations and elections. The notice of nominations and elections shall state: 1. offices to be filled and/or the number of delegates to the International Convention to be chosen; 2. the date, time, and place for nominations; 3. the proper form and manner for nominations; 2

4 4. the date, time, and place of the election; 5. where local union bylaws require that a candidate receive a majority of the votes cast to be elected, notice of the date and conditions covering runoff elections shall also be included in the notice. The local union may, in its bylaws, provide that an officer, for example, the business manager, shall also be a delegate to the International Convention. The ballot then would have to state Business Manager-Delegate to International Convention, thus indicating to members that a vote for the business manager is also a vote for delegate to the International Convention. In such cases, the elected officer would be the delegate to the International Convention. A candidate for the combination of Business Manager and Delegate to the International Convention shall not be eligible to be a candidate for a separate position of delegate when said delegates are elected at the same time as the officers. ELECTION BOARD After nominations have been held, it is the responsibility of the election board to determine if the nominees meet the eligibility requirements set forth in the IBEW Constitution and local union bylaws. In addition, the election board has the responsibility of conducting the election of officers consistent with the provisions set forth in the IBEW Constitution and local union bylaws. It is extremely important that the rulings of the election board are consistent as they relate to all candidates. An example would be the use of nicknames on the ballot. If any individual is allowed to put a nickname on the ballot, all candidates must be afforded the same right. If the election board determines that only proper names are to be used, that must also be applied uniformly. ELIGIBILITY OF CANDIDATES Article XVI, Section 10, of the IBEW Constitution states: No member shall be nominated for office unless he is present or signifies his willingness in writing, nor shall he be eligible for any office unless he has been a member in continuous good standing at least two (2) years in the L.U. immediately prior to nomination, providing the L.U. has been in existence for this 3

5 length of time. When it is impracticable or impossible for a local union to elect officers with the required standing, the I.P. may grant special dispensation. The two (2)-year membership requirement shall not be applicable to members of L.U. s affiliated with System Councils, who are employed by a single employer and who transfer between L.U. s within a System Council, provided, however, that any such member must have been a member in continuous good standing for two (2) years in at least one of the L.U. s affiliated with the System Council involved. The election committee must ascertain the eligibility of all candidates to make sure candidates meet the minimum requirements referenced above. Article XXIV, Sections 3 and 4, describe circumstances when a member may be on honorary withdrawal because of layoffs or leaves of absence. It is important to note that dues must be paid by the affected individual before the member becomes indebted for three months. Even though good standing as it relates to a member s right to vote is not affected, this break in service could affect a member s continuous good standing as it relates to a member s eligibility to hold office. It is important to reference that local union policies may also have an impact on candidate eligibility. Many local unions determine that members who are unemployed, for whatever reason, are not required to pay dues to the local union. This policy does not supersede the requirements for continuous good standing as referenced in the Constitution. The local union should apprise members that even though there is no requirement by the local union to pay dues for months unemployed, this break may cause a member to be ruled ineligible to hold office. CAMPAIGNING It is the duty of the union and its officers to comply with all reasonable requests of any candidate to distribute campaign literature to the membership at the candidate s expense. In order to avoid charges of disparity of treatment among candidates, it is advised that a local union inform all candidates in advance of the conditions under which distribution will be made and promptly advise them of any changes in those conditions. 4

6 Although Section 401(c) of the LMRDA specifies distribution to all members in good standing, a local union must also honor requests for distribution of literature to only a portion of the membership if such distribution is practicable. Each candidate may choose his/her own way of campaigning for election according to his/her own ingenuity and resources. Each candidate must be treated equally with respect to the expense of such distribution. Thus, a local union and its officers must honor a candidate s request for distribution where the candidate is willing and able to bear the expense of such distribution. However, should the candidate be unable to bear such expense, there is no requirement that the union distribute the literature of the candidate free of charge. Since local unions have an affirmative duty to comply with all reasonable requests of any candidate to distribute campaign literature (at the candidate s expense), a local union rule refusing all such distributions would not be proper, even though applied in a nondiscriminatory fashion. In view of the fact that expenses of distribution are to be borne by the candidate, a local union may not refuse to distribute campaign literature merely because it may have a small staff that cannot handle such distribution for all candidates. If this is the case, the local union may employ additional temporary staff or contract the job to a professional mailer and charge the expense incurred to the candidates for whom the service is being rendered. The local union may require candidates to tender in advance the estimated costs of distributing their literature, provided such requirement is applied uniformly. The LMRDA does not and local unions may not regulate the contents of campaign literature which candidates may wish to have distributed by the local union. This is left to the discretion of each candidate. The local union may not require that it be permitted to read a copy of the literature before it is sent out, nor may it censor the statements of the candidates in any way, even though the statement may include derogatory remarks about other candidates. Furthermore, a local union s contention that mailing of certain campaign literature may constitute libel for which it may be sued has been held not to justify its refusal to distribute the literature, since the union is under a statutory duty to distribute the material. The use of union funds or employer funds to promote a particular candidate in a local union election is strictly forbidden. This prohibition includes anything of value contributed by a union or employer. The use of union stationery, supplies, or the IBEW logo by a candidate is forbidden. 5

7 Local union funds may be used for notices, actual statements of issues not involving candidates, debates in which all candidates are invited to participate, and other expenses necessary for holding an election. If the local union decides, a publication may be distributed in which all candidates are listed with a factual record of their local union activities, committee assignments performed, offices held, and experience gained for and on behalf of the local union. This publication shall be prepared under the supervision of the election board. Employers may not contribute funds directly or indirectly in support of the candidacy of any person for union office under any circumstances. The use of an employer s copying machine has been deemed to be a violation of the LMRDA. Campaigning on company time and use of a company mailing system have also been declared violations of the LMRDA. Each bona fide candidate for office has a right, once within 30 days prior to any election in which he/she is a candidate, to inspect a list containing the names and last known addresses of all members of the local union who are subject to a collective bargaining agreement requiring membership therein as a condition of employment. The right of inspection does not include the right to copy the list but does include the right to compare it with a personal list of members. It is the intent of the LMRDA that such membership lists be made available for inspection at the candidates option anytime within the 30-day period. The list is not required to be maintained continuously and may be compiled immediately before each election. The form in which the list is to be maintained is not specified by the act. Thus, a card index system may satisfy the requirements of the act. The list may be organized alphabetically or geographically. ELECTIONS Voting for officers and International Convention delegates must be conducted by secret ballot, and one member may not execute the vote of another member, even if permission of the member has been obtained (proxy voting). Absentee balloting is permitted but must be conducted in accordance with approved bylaws for that purpose. Voting machines, if available, may be substituted for printed ballots when voting at the polls. However, when machines are used, all applicable requirements of 6

8 local union bylaws shall apply as if a printed ballot were used. Such should be included in the bylaws. All elective offices must be listed on the ballot in the order listed in the Constitution. Even if there is no contest or no nominee for a specific office, that office must be listed on the ballot. When more than one member is to be elected, as in the case of the executive board, the number to vote for, such as Vote for five, must be indicated under that office title. Ballots must not show any identifying marks, such as incumbent, wireman, etc., beside a candidate s name. The names of candidates for each office must be listed in the manner approved in the bylaws (generally in alphabetical order). No write-ins are permitted, and all write-in votes will be void. Title IV of the LMRDA imposes certain requirements for the conduct of union officer elections. We have rules in our Constitution, bylaws, and past practice that must be observed. An election at polling sites requires careful planning so that the election will not only be fair but also have the appearance of fairness. The following polling site suggestions should help election committee members and local union officers conduct a fair and legal election of officers: Schedule voting hours to ensure that all members have an opportunity to vote. Open the polls promptly. Allow all members who are waiting in line at the scheduled closing time to vote. Adequate information must be available at the polling site to verify voter eligibility, such as the local union s financial records of members duespaying status or a list of eligible voters drawn up from those financial records under the supervision of the election committee. Require voters to identify themselves to the election committee through use of union cards, driver s licenses, or similar documents. Assure that each eligible member can vote only once by stamping the member s ledger card, crossing out names on the voter eligibility list, or other means of accounting. 7

9 Safeguard all blank ballots. At the end of the election, be able to account for all ballots received from the printer. Establish a challenged-ballot system for use by those persons who are found ineligible to vote but dispute the accuracy of union eligibility records. Provide voters a place to mark their ballots in complete privacy, preferably voting booths. Ensure that voters do, in fact, cast secret ballots. Provide a ballot box in which members place voted ballots, and safeguard it throughout the election. Maintain order at the polls at all times, and direct voters into and out of the polls in an organized manner. Forbid all campaigning at the polls. Do not permit oral campaigning, distribution of campaign literature, or signs in the polling areas. Check the polling areas and voting booths periodically to ensure that members have not left campaign material lying around. Prohibit loitering in the polling place. Direct members to leave the polling areas as soon as they cast their ballots. Permit each candidate to have at least one observer at the polls and at the counting of the ballots. Union officers and members, especially election committee members, who have further questions about running a polling place or any other aspect of conducting a union officer election should seek advice from the International Vice President or the nearest Office of Labor-Management Standards (OLMS) field office listed at the following Web address: To request an absentee ballot, a member may do so anytime within 30 days but not less than five days prior to the date of election. There can be no restrictions placed on an individual s request for an absentee ballot provided that request is in writing as referenced in the bylaws. At no time is a verbal request for an absentee ballot to be approved. Absentee ballots are to be mailed to the requesting member s official address and returned to the election judge. If a member who has received an 8

10 absentee ballot appears at the polling place to vote in person, he/she must first tender the unused ballot to the election judge. Additionally, a procedure should be in place to allow those members who claim to have never received their ballots the opportunity to cast a challenged ballot. The election committee should have an adequate number of ballots available for all requests. It is important to note that members who request an absentee ballot for the initial election are to automatically receive an absentee ballot for a subsequent runoff election, if one is required. An individual who votes at the polls in the initial election may request an absentee ballot for the runoff election, and such request must be honored. When a runoff election is to be held, a sufficient number of absentee ballots must be available to cover all initial requests from the primary election and any additional requests for the runoff election. Chain of custody of all ballots is the duty of the election committee. Most of our local unions use the services of a printer for their elections, and the reason is quite simple. When having ballots printed or envelopes purchased for absentee ballots, the invoice from the printer will contain the number of ballots or envelopes purchased. The election committee should verify this count before distribution. An accurate count of ballots and envelopes must be kept to ensure the integrity of the election. A method should be utilized by the election committee that will account for every ballot and envelope whether used or unused in conducting the local union election. For those local unions that have a mail ballot procedure, it is imperative that the procedures established in the local union bylaws are adhered to. The bylaws explicitly detail the procedures to be used, and there can be no deviation. The following guidelines will be of assistance in establishing procedures for your mail ballot election: Develop a schedule for each step of the election, including ballot printing, mailing, receipt, and counting, which allows adequate time for each procedure. Select a date and time by which voted ballots must be received in order to be counted. Do not use a postmark date as a cutoff date for counting ballots. Arrange with the post office for a special post office box for receipt and storage of voted ballots so that all mail sent to the box will only be 9

11 released at a specified time on the election date to members of the election committee. Do not use the union s regular post office box for the election. We recommend, where feasible, that a post office box be secured in a Zip code different from that of the local union s address. Check the ballots carefully before and after printing to ensure that all candidates are listed, each candidate s name is spelled correctly, and all instructions and other aspects of the ballot are accurate. Safeguard and be able to account for all ballots printed. The number of ballots printed minus the number issued to members must equal the unused ballots on hand at the end of the election. Update the membership address list to the extent possible to ensure that ballots are mailed to all members. Inform all candidates of the date, time, and place for the preparation and mailing of the ballots and of their right to have an observer present. Include two envelopes in the ballot package mailed to each member. One should be a blank envelope, or an envelope on which the words secret ballot are printed, in which the member should seal the voted ballot. The other should be a larger outer envelope in which to place the inner envelope. The outer envelope should be preaddressed with the address of the special post office box. This double envelope system is designed to protect the secrecy of the ballots when they are counted. Include clear and complete voting instructions with each ballot. Explain to voters how to use the double envelope system, including the type of voter identification required on the outer return envelope, such as the voter s name or local union number. All local union bylaws require the member s name to be placed on the outside return envelope. The local union may also require members to utilize their membership numbers. Instruct voters to mark the ballot in private, and caution them to put nothing on the ballot or inner envelope or inside the return envelope that would identify them. Mail a ballot to each member at least 15 days before the date when the voted 10

12 ballots must be mailed in order to be received by the specified date for counting ballots. Do not include campaign literature of any type in the ballot package. Establish rules for issuing new or replacement ballots, such as requiring a written request by a specified date. Record and account for all such ballots issued, including a record of the new address. Pick up ballots from the post office box at the scheduled date and time. Do not attempt to gain access to the ballots prior to that time for any reason. Any ballots received at the box after that time must be voided. Permit each candidate to have an observer at the pickup of the ballots and their delivery to the counting site. Conduct the ballot tally promptly after pickup, permitting at least one observer for each candidate to watch the entire proceedings. Verify that all returned ballots are from eligible voters before opening the outer envelopes. Mark voters names off a voter eligibility list to ensure that no member casts more than one ballot. Remove the sealed inner envelopes containing the ballots from the outer envelopes, and mix them thoroughly before they are opened and ballots removed and counted. This process will ensure the ballot secrecy. Publish or post the results of the election. Preserve ballots and all other election records for at least one year. Though the election committee has broad authority over the election, it does not have the authority to make rulings that are in conflict with the LMRDA, the IBEW Constitution or the local union bylaws. The election committee would be in error if it determined that all ballots would be counted, even if the voter did not have his/her name and address on the returned envelope. Such a decision could cause the election to be set aside. 11

13 If by chance the post office box should be inadequate to hold all of the ballots in the election, the election committee should make arrangements with the post office to hold the excess ballots. COUNTING AND RETENTION OF BALLOTS All ballots cast must be counted and the results of the election announced to the membership. The results must include the number of void ballots. All election records, including all ballots, must be sealed by the election committee and preserved for one year from the date of the election. All unused ballots must also be retained. RUNOFF ELECTIONS All elections shall be decided for the candidate receiving the most votes, unless local union bylaws provide otherwise. When bylaws provide that a majority vote is required and no candidate receives a majority vote, a runoff election between the two candidates receiving the most votes for the specific office must be conducted. Such condition does not apply to the executive board or the examining board. PROTEST OF ELECTION Any member, including a defeated candidate, may challenge an election by filing a written protest with the appropriate International Vice President. Said protest shall be filed within 30 days of the certification of the election results by the election judge and shall specify the alleged violations of the election rules provided by law, the Constitution, and/or the local union bylaws. The International Vice President shall investigate all such protests and render a decision in an expeditious manner. The decision of the International Vice President shall be considered final. In the United States the protesting member may proceed to the U.S. Department of Labor if not satisfied with the decision of the International Vice President. This policy is adopted in order to expedite the final disposition of protests to local union elections and in compliance with the LMRDA. 12

14 Members should be encouraged to present their protest to the election board or election judge prior to submitting the protest to the International Vice President. Protests of elections are not considered charges against officers since members of the election board are not officers of the local union. 13

15 OFFICIAL NOTICE NOMINATIONS AND ELECTIONS LOCAL UNION, IBEW The nominations for officers of Local Union will be held on, 20, beginning at p.m. at the local meeting hall located at. Anyone desiring to be nominated must be present during the nominations or provide a written and signed statement that they will accept the nomination. No member may be a candidate for more than one office. Anyone nominated to more than one office must choose the office for which they will be a candidate. Nominations will proceed in the order of offices as listed in the IBEW Constitution whose term of office shall be three years: President (If the local union does not have a Business Manager, this office is known as President/Business Manager.) Vice President Recording Secretary Financial Secretary Treasurer Business Manager (when the local union has one) Executive Board Examining Board (when the local union has one) Additionally, nominations will be held for three delegates to the International Convention. The President and the Business Manager shall be candidates for the delegate positions contingent with their offices as stated in Article III, Section, of the local union bylaws. This leaves one delegate position open to nominations for the at-large election. No member nominated for offices of Business Manager or President may be nominated for the at-large delegate position since the position of delegate is considered as an office in the local union for the purpose of the election. (Note: A paragraph concerning nomination and election of Convention delegates is appropriate only for elections taking place a maximum of three years prior to the date on which the Convention is to convene. As an example, elections held anytime prior to October 2003 would not qualify the delegates to attend the 2006 Convention.) 14

16 In order to be nominated, a member must have a minimum of two years of continuous good standing in Local Union. Good standing means that the member is current in the payment of dues and has been for the two years preceding the nominations. (Note: If the local union bylaws preclude apprentices from holding office or voting, the notice must include these advisements.) An election judge and tellers will be appointed (elected in some local unions) at the close of nominations. None of these may be a candidate for any office. The election of officers shall take place between the hours of a.m. and p.m. on, 20, at the local union meeting hall located at. The ballots will be counted immediately following the closing of the polls, and the results shall be announced immediately after all ballots are counted. A complete listing of the results shall be posted on all union bulletin boards (or other appropriate place) by the close of business on the day following the election. Absentee ballots shall be available to any member upon written request to the election judge. Such requests will be accepted up to five days prior to the date of the election. Anyone receiving an absentee ballot will not be entitled to vote at the polls without first presenting the election judge with the unused ballot and the envelope used in the mailing. Absentee ballots received at the post office box after p.m. on, 20, will not be counted. (Note: The time specified is to coincide with the date of the election at the polls. You can use the time of the close of business at the post office or other appropriate time on the date of the election.) Candidates shall be entitled to an observer at the polling place and during the counting of the ballots. Observers may not interfere with the orderly procedure of the election. There shall be no campaigning or electioneering at the polls nor within 50 feet from the entrance to the polling place. No postings except for instructions shall be permitted at the polling place. 15

17 ALTERNATIVE FOR MAIL BALLOT The election shall be conducted by mail ballot, and ballots shall be counted beginning at a.m./p.m. on, 20. All members in good standing shall be mailed a ballot not less than 15 days prior to the above specified date. Ballots received after the close of business on, 20, will not be counted. (The date should be the day prior to the election day unless the ballots are counted late enough to permit the use of the date of the election.) Instructions on the use of the mail ballot will be enclosed with the ballot. In the event a runoff election is required, same shall be held on (21 days after election), 20. The same rules shall apply to the runoff election as were applicable to the regular election. Members who requested an absentee ballot for the regular election will automatically receive same for the runoff. All officers shall be installed and begin their three-year terms at the regular meeting of the local union on, 20. (The date of installation must be in the month following the election and no later than the first meeting of the local union during that month.) Any member who believes a protest of the election is warranted is urged to contact the election judge within a few days after the ballots are counted. Further protests of the election may be filed in writing with the International Vice President of the district within 30 days following the election. The decision of the International Vice President shall conclude the processing of a protest within the IBEW. In the event the protesting member is not satisfied with the decision of the International Vice President, the member may submit his/her protest to the U.S. Department of Labor. (Note: The foregoing is intended to serve only as an example of the required notice that must be mailed to each member at least 20 days prior to the date of nominations. The notes included herein are intended as instructions to the local union and not as a part of the notice for distribution.) 16

18 International Brotherhood of Electrical Workers 900 Seventh Street, NW, Washington, DC Form 409 Revised April 2005

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