ACT-UAW (UAW LOCAL 7902)
2010 INTERNATIONAL CONVENTION DELEGATE ELECTION RULES

1. CONSTITUTION AND BYLAWS

The nomination and election of ACT-UAW (UAW Local 7902) International Convention Delegates 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 Delegate seats to be voted on; the eligibility criteria for each Delegate seat; who has been automatically nominated to each Delegate seat; the instructions for nomination; the deadline for nominations, which shall not be less than 14 days after mailing; the instructions for accepting nominations; the deadline for accepting nominations, which shall not be sooner than the deadline for nominations; and that printed copies of the full notice and these election rules will be available in the Local's office. The postcard will state the Delegate seats to be voted on; the deadline for nominations and nomination acceptance; and directions to the web page containing the full Notice.

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

3. ELIGIBILITY TO BE AN INTERNATIONAL CONVENTION DELEGATE

As provided in Article XV, Section 2 of ACT-UAW's Bylaws, "All delegates to the International Convention shall be chosen pursuant to the provisions of the International Constitution." Those provisions are stated in Article 8, Section 11 of the Constitution: "No member is eligible to serve as a delegate from her/his Local Union unless s/he has been in continuous good standing in this International Union for twelve (12) months immediately preceding the first day of the month in which the Convention is held and shall also have been a member of the Local Union electing her/him for three (3) months immediately preceding the first day of the month in which the Convention is held."

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 a Delegate seat, no later than two (2) business days after the deadline for accepting nominations.

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

5. ORDER OF NAMES ON BALLOT

The order in which the names of the candidates will appear on the ballot will be determined by a random drawing performed by the Election Committee.

6. INSPECTION OF THE MEMBERSHIP LIST

Each candidate for contested Delegate seats 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. CANDIDATE STATEMENTS

Each candidate for a contested Delegate seat will be invited to make a brief verbal statement to the membership at the Membership Meeting where voting will occur. The statements will be made before voting occurs, and candidates will be invited to speak in the order they appear on the ballot.

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. Although this is not a Local Union Officer Election, and International Convention Delegates are not necessarily Local Union Officers, the same prohibitions will apply.

'Campaign communications' are defined as all communications that either: 1) are paid for by a candidate; or 2) are paid for by any person or group and expressly advocate the election or defeat of a candidate. Campaign communications may not use images commonly associated with the Union (such as the UAW or ACT-UAW logo). Campaign communications must include one of the following statements. Campaign communications that are authorized by one or more candidates must clearly state: 'This communication was paid for by [full legal name(s) of the person(s) and/or group(s) who paid], and authorized by [candidates' name(s) as they will appear on the ballot].' Campaign communications that are not authorized by any candidate must clearly state: 'This communication was paid for by [full legal name(s) of the person(s) and/or group(s) who paid], [permanent street address, or telephone number, or web address], and was not authorized by any candidate.' In campaign communications that are printed, written, or otherwise visible, those statements must be of sufficient type size to be clearly readable by the recipient, must be contained in a printed box set apart from the other contents of the communication, and must be printed with a reasonable degree of color contrast between the background and the printed statement. In audible campaign communications, the statements must be clearly audible to the listener.

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." Since each Delegate represents just one Unit, only members in good standing of a particular Unit may vote for that Unit's delegates.

10. ELECTION NOTICE

If any Delegate seat is contested, voting will occur. The Notice of Election will be posted on ACT-UAW's website: http://actuaw.org/election_notice/. The Notice shall be posted at least 15 days prior to the election (in accordance with Aricle 8, Section 24 of the International Constitution). The Notice will state the Delegate seats being voted on; any Delegates elected by acclamation; the ballot to be used (see Section 12); the date, time and place of the Membership Meeting where voting will occur (see Section 12); the deadline for identifying challengers; the date, time and place of the ballot tally; and that printed copies of the full notice will be available in ACT-UAW's office.

11. CHALLENGERS

Candidates for contested Delegate seats are entitled to have challengers present during voting at a Membership Meeting, and at the tally of ballots. Candidates themselves may not be present at these times, except for the brief time during the voting needed to cast their own vote. 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, 256 West 38th Street, Suite 702, New York NY 10018 before 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. The ballot will be described in the Notice of Election.

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 activity from a greater distance if it finds that voters are intimidated or inhibited by the activity.

13. TALLY OF BALLOTS

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

Write-in votes are not permitted in the election.

Pursuant to the Interpretations to Article 8, Section 23 of the International Union Constitution, "The Constitution allows the election of delegates by a simple plurality".

14. ELECTION RESULTS

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

15. INSTALLATION AND TERM OF SERVICE

Elected members will serve a term that will end when the International Convention has been completed. Installation of elected members will occur no more than 10 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 8, Section 15 of the International Constitution provides that any member may challenge a Delegate election by filing a protest. The Election Committee shall report the canvass of the results of the election to the membership, at the Membership Meeting where voting has occurred. No protest to an election shall be considered unless raised within seven (7) days of the date the canvass is presented. A protest must be in writing and must be received by ACT-UAW's Recording Secretary at the office of ACT-UAW (256 West 38th Street, Suite 702, New York NY 10018) 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

Barry Greenhut, Chair
Bob Apter, Member
Zoya Kocur, Member
April 10, 2010