ACT-UAW (UAW LOCAL 7902) 2008 ELECTION RULES

1. CONSTITUTION AND BYLAWS

The nomination and election of ACT-UAW (UAW Local 7902) officers will be conducted in accordance with the International Constitution and the Labor-Management Reporting and Disclosure Act of 1959, as amended, and the bylaws of ACT-UAW.

2. NOTICE OF NOMINATIONS

An abridged Notice of Nominations postcard will be mailed to the last known home address of each ACT-UAW member and retiree, directing them to read the full Notice of Nominations, which will be a web page: http://actuaw.org/nominations/. The full Notice will state the offices to be voted on; the eligibility criteria for each office; who has been automatically nominated to each office; the instructions for nomination; the deadline for nominations, which shall not be less than 21 days after mailing; the instructions for accepting nominations; the deadline for accepting nominations, which shall not be less than 3 days after the deadline for nominations; the date, time and place of the Election Committee meeting with candidates (see Section 5); the date of the Notice of Elections mailing (see Section 10); and that printed copies of the full notice and these election rules will be available in the Local's office. For the convenience of prospective candidates, the Notice will also state the estimated date of the Membership Meeting where voting will occur (see Section 12), along with a statement that the date will not be finalized until the mailing of the Notice of Elections, and is subject to change by the Election Committee without notice. The postcard will state the offices to be voted on; the deadline for nominations and nomination acceptance; the approximate or exact date of the Membership Meeting where voting will occur; and directions to the web page containing the full Notice.

Voting for each office must begin no more than 45 days after the deadline for nominations. If this deadline cannot be met for an office, another round of nominations must be held for that office.

3. ELIGIBILITY TO HOLD OFFICE

As provided in Article 38, Section 3 of the International Constitution, no member shall be eligible for election as an Executive Officer of the Local Union unless s/he is a member in good standing of ACT-UAW. The same criterion shall apply to all other elected officers. In addition, candidates for Executive Office must have been a member in continuous good standing of the Local for the preceding 12 months (in accordance with the Constitution); candidates for Constitutional Convention Delegate must have been a member in continous good standing of the Local for the preceding 3 months, and a member in continuous good standing of the UAW for the preceding 12 months (in accordance with UAW International rules); candidates for all other offices must have been a member in continuous good standing of the Local for the preceding 6 months (in accordance with ACT-UAW's bylaws).

4. CANDIDATE ELIGIBILITY DETERMINATIONS

The Election Committee will review ACT-UAW records to determine the eligibility of all who accept their nomination. Eligible nominees who have accepted will be notified of their eligibility, and ineligible nominees who have accepted will be advised of the reason(s) they are not eligible to run for office, no later than five (5) business days after the deadline for accepting nominations.

If the number of eligible nominations accepted for an office does not exceed the number of positions available, the Election Committee will declare the accepting nominee(s) elected by acclamation, and campaigning and balloting will not occur for that office. If, on the other hand, the number of eligible nominations accepted for an office exceeds the number of positions available, campaigning and balloting will occur; in other words, the office will be "contested." Eligible nominees for contested offices will be given a copy of these rules, and will be asked how they wish their names to appear on the ballot.

5. ELECTION COMMITTEE MEETING WITH CANDIDATES

A meeting between the Election Committee and candidates for contested offices, to discuss election procedures, inspection of the Local Union's membership list, distribution of campaign literature, challengers, and other campaign rules, will be held no later than 10 days after the deadline for accepting nominations, at the time and place indicated in the Notice of Nominations. In the course of this meeting, a drawing will be held to determine the order in which the names of the candidates will appear on the ballot.

6. INSPECTION OF THE MEMBERSHIP LIST

Each candidate for a contested office may inspect (not copy) the ACT-UAW membership list once prior to the election. No candidate may receive a copy of the list, or copy information from the list.

Inspection of the membership list will be arranged with at least two Election Committee representatives present. Any candidate who wishes to inspect the list should contact the Election Committee at the office of ACT-UAW at 212-432-2120, or by email at election@actuaw.org.

7. DISTRIBUTION OF CAMPAIGN LITERATURE

ACT-UAW will honor any reasonable request by a candidate for a contested office to distribute campaign literature to all members at the candidate's expense. Requests will be honored in the order received. The Candidate may specify whether the literature will be distributed to all eligible voters, or all voters in a specified unit; if no specification is made, literature will be distributed to all eligible voters. If the literature displays a return address, the Election Committee's post office box for returned mail must be used: ACT-UAW Election Committee, PO Box 1210, New York NY 10276. Campaign literature must be provided to the office of ACT-UAW, in one of the following forms:

1. In sealed, stamped envelopes that are ready for mailing. Each candidate should check with postal officials to determine the proper postage. The candidate must pay $20.00 in advance for each mailing to cover the cost of address labels. Arrangements have been made for ACT-UAW office staff to put address labels on the envelopes containing campaign literature at a rate of $10.00 per hour. To arrange a mailing, the candidate should contact the Election Committee at the office of ACT-UAW at 212-432-2120, or by email at election@actuaw.org.
2. In an electronic file, in a format accepted by Click2Mail (http://www.usps.com/createmail/click2mail.htm), a service of the US Postal Service. The Candidate must deliver to the Election Committee: a cashier's check or money order for the full amount of the cost of printing and mailing; specification of the Document Type, Paper Type, Mail Class, and Color Options, choosing from the options offered by Click2Mail; and the file containing the literature's design. The Election Committee will place the order with Click2Mail within five (5) business days of receipt of all required materials. The Election Committee, the Local, and the UAW assume no responsibility beyond ensuring that the order is placed as specified by the Candidate; the Candidate assumes all other responsibility, including, but not limited to, the content of the file containing the literature's design, Click2Mail's accuracy when printing that design, and Click2Mail's timeliness and accuracy of mailing. Click2Mail does not offer refunds or credits. The Candidate may ask the Election Committee for estimates of the cost of printing and mailing; the Election Committee will obtain the estimates from Click2Mail, and provide them to the Candidate in writing via email within five (5) business days.

The candidate may submit a 200-word statement by email to the Election Committee at election@actuaw.org no later than the fourth day following the Election Committee meeting with Candidates (see Section 5). All statements will be placed on a "Candidate Statements" web page (http://actuaw.org/candidates/) at the same time, no later than five (5) business days after the submission deadline. Statements will not be edited, except that statements exceeding 200 words will be truncated after the 200th word. When displayed on the web page, each statement will be preceded by the candidate's name (which shall not be counted as part of the 200 words). The candidate may also submit a digital image of his or her face, due at the same time as the statement, which will be reduced/enlarged to the dimensions of 100 pixels wide and 100 pixels tall, and placed next to the statement. All candidate statements and images will appear on a single web page, grouped by office, and within each office in the order they will appear on the ballot. The web page's address will be publicized in the "Notice of Election" (see section 10) and on the election home page (http://actuaw.org/election.html).

8. CAMPAIGN RESTRICTIONS

Federal law prohibits the use of any Local Union or employer funds to promote the candidacy of any person in a Local Union Officer Election. This prohibition applies to cash, facilities, equipment, vehicles, office supplies, etc., of ACT-UAW and any other Union, and of employers whether or not they employ ACT-UAW members. Union officers and employees may not campaign on time paid for by the Local Union.

Campaign literature may not use images commonly associated with the Union (such as the UAW or ACT-UAW logo).

All campaign expenses incurred by candidates, including telephone calls, leaflets, envelopes, stationary etc. must be receipted and made available to the Election Committee upon request.

Federal law also provides that candidates must be treated equally regarding the opportunity to campaign and that all members may support the candidates of their choice without being subject to penalty, discipline, or reprisal of any kind.

9. VOTER ELIGIBILITY

As provided in Article 38, Section 10(a) of the International Constitution, "Every member in good standing shall be entitled to vote at all Local Union Elections." Voter eligibility will be confirmed by the Election Committee during the ballot tally.

10. ELECTION NOTICE

If any office is contested, voting will occur. An abridged Notice of Election postcard will be mailed to the last known home address of each ACT-UAW member at least 14 days before the Membership Meeting where voting will occur, or 21 days if the membership has approved the use of Absentee Balloting (see Section 12). The postcard will be mailed after the Election Committee meeting with candidates (see Section 5). The postcard will direct members to read the full Notice of Election, which will be a web page: http://actuaw.org/election_notice/. The full Notice will state the offices being voted on; any officers elected by acclamation; the ballots to be used, if more than one (see Section 12); the date, time and place of the Membership Meeting where voting will occur (see Section 12); instructions and deadline for Absentee Balloting if it will be offered; the deadline for identifying challengers, the date, time and place of Absentee Ballot pickup if it will be offered; the date, time and place of the ballot tally; and that printed copies of the full notice will be available in the Local's office. The postcard will state the offices to be voted on; the date, time and location of the Membership Meeting where voting will occur; and directions to the web page containing the full Notice.

11. CHALLENGERS

Candidates for contested offices are entitled to have challengers present during voting at a Membership Meeting, at the tally of ballots, and at the pickup of Absentee Ballots and the transportation of ballots if in use. Candidates themselves may not be present at these times. During the pickup and transportation of Absentee Ballots, only one challenger may be present for each candidate. During voting at a Membership Meeting, one challenger may be present for each candidate at each of the following areas: the voter check-in table, the area where voters mark their ballots, and the ballot box. During the tally of ballots, a maximum of two challengers may be present for each candidate. Challengers must be members of ACT-UAW, as required by Article 38, Section 10(g) of the International Constitution, which also prohibits candidates from serving as challengers. Candidates should submit the names of the challengers in writing to the Election Committee at ACT-UAW Election Committee, 113 University Place 6th Floor, New York NY 10003 by the day preceding the Membership Meeting where voting will occur (see Section 12).

12. VOTING

All voting will be conducted by secret ballot. Voting will occur at a Membership Meeting, at the time and location specified in the Notice of Election. If some contested offices are elected by members of a single unit, while others are not, several ballots will be used, to assure that each member votes only for the appropriate offices: one ballot with all races that can be voted on by all members; and one ballot for each unit, with all races to be voted on by that unit alone. No race shall appear on more than one ballot, and each voter will be given all ballots s/he is eligible to vote on. The ballots will be described in the Notice of Election.

Eligible voters who will be unable to attend the Membership Meeting because of a work assignment or Local Union business may apply for an Absentee Ballot by submitting a signed statement to that effect, along with his or her home mailing address, by mail (registered or certified) or in person to ACT-UAW Election Committee, 113 University Place 6th Floor, New York NY 10003. Absentee Ballots cannot be requested by email or phone. The Election Committee will mail an Absentee Ballot Package to the stated home address within five (5) business days. The Absentee Ballot Package will include Instructions for Absentee Voting; the Ballot(s); an unmarked Secret Ballot Envelope, used by the voter to enclose the marked ballot; a Return Ballot Envelope, used by the voter to mail the Secret Ballot Envelope with the marked ballot sealed inside. A post office box will be established for Absentee Voters to send the Return Ballot Envelopes to. Absentee Ballots must be received in that post office box by the pickup time immediately preceding the Membership Meeting where voting will occur (see Section 13). Absentee Ballots may not be delivered to the ACT-UAW office or the UAW Region 9A New York City Sub-Regional office. Voters with spoiled Absentee Ballots may request another ballot by contacting the Election Committee by phone at 212-432-2120, or by email at election@actuaw.org. Only the last Absentee Ballot received from each voter will be counted.

Voters who request an Absentee Ballot may not vote at the Membership Meeting.

No campaign activity (including the placement of campaign materials) may occur in the building where voting takes place, or within twenty (20) feet of that building. The Election Committee may clear all campaign activity from a greater distance if it finds that voters are intimidated or inhibited by any campaign activity.

13. TALLY OF BALLOTS

If the membership has approved the use of Abseentee Ballots, envelopes containing Absentee Ballots will be picked up from the post office immediately before the Membership Meeting where voting will occur, at the time and location specified in the Notice of Elections, and immediately transported to the Membership Meeting.

All votes will be tallied by the Election Committee immediately following the Membership Meeting where voting occurs, at the time and location stated in the Notice of Election. Candidates may have a challenger present at the pickup, transportation and tally (see Section 11).

Write-in votes are not permitted in the election, and pursuant to Article 38, Section 2 of the International Union Constitution, Executive Officers require a majority vote. In accordance with Article 38, Section 5 of the International Union Constitution, other officers are elected by a plurality.

14. ELECTION RESULTS

Election results will be posted on the ACT-UAW website (http://actuaw.org), and on the bulletin board in UAW Region 9A's New York City office at 113 University Place, 6th Floor.

15. INSTALLATION AND TERM OF OFFICE

Elected officers will serve a three-year term, which will end when new officers are sworn in. Officers elected between triennial elections will serve the remainder of the three-year term. Installation of elected officers will occur no more than 60 days after the tally of ballots.

16. ELECTION RECORDS

The ACT-UAW Recording Secretary and/or Election Committee are responsible for maintaining all nomination and election records for at least one year after the election, as required by federal law and Article 38, Section 12 of the International Constitution.

17. QUESTIONS OR PROBLEMS

Candidate and members with questions about the nomination or election procedures should contact the Election Committee in the office of ACT-UAW at 212-432-2120, or by email at election@actuaw.org. Any violation of these rules should be reported promptly to the Election Committee so that corrective action can be taken, if necessary.

18. PROTESTS

Article 38, Section 11 of the International Constitution provides that any member may challenge a Local Union Officer Election by filing a protest. In accordance with Article 38, Section 11 following the election, the Election Committee shall report in writing the canvass of the results of the election to the membership through the Local unit leadership. No protest to an election shall be considered unless raised within seven (7) days of the date the written canvass is posted. A protest must be in writing and must be received by the ACT-UAW Recording Secretary at the office of ACT-UAW (113 University Place, 6th Floor, New York NY 10003) before the deadline.

19. ADDITIONAL RULES AND CLARIFICATIONS

The aforementioned rules are not all-inclusive. Additional election rules or clarifications may be issued by the ACT-UAW Election Committee as needed during the nomination and election period.

The ACT-UAW Election Committee, by