ACT-UAW (UAW LOCAL 7902)
2011 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; the instructions for accepting nominations;
the deadline for accepting 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); 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 estimated 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 members who accept nominations. 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 office.
If the number
of eligible nominations accepted for an office 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 office. If,
on the other hand, the number of eligible nominations accepted for a certain office exceeds the number of seats available,
balloting will occur; in other words, those offices 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 ballots.
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 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 ballots.
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 date when members can begin voting. 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 mail campaign literature to members at the candidate's expense. Requests will be honored in the
order received. The candidate may specify whether the literature will be mailed to all eligible voters, or all voters in a
specified unit; if no specification is made, literature will be mailed to all eligible voters. Campaign literature must be
provided to the office of ACT-UAW, in one of the following forms:
- Stamped and unaddressed postcards or envelopes
ready for mailing, showing the Election Committee's post office box as the return address. The candidate must pay in advance
$20.00 to cover the cost of preparing address labels plus $15.00 per 1,000 pieces to cover the cost of applying address labels.
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.
- An electronic file in a format accepted by Click2Mail (http://www.usps.com/directmail/click2mail.htm). 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, our 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.
Each candidate for a contested office may submit a 400-word statement by email to the
Election Committee at election@actuaw.org no later than the day following the Election Committee meeting with Candidates (see Section 5). All statements will be published
on a "Candidate Statements" web page (http://actuaw.org/candidates) on the same day as publication of the "Notice of Election" (see section 10). Once a statement has been submitted,
it cannot be changed. Statements will not be edited, except that statements exceeding 400 words will be truncated after the
400th 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 400 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).
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 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 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." 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.
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; the deadline for identifying challengers; the date, time and place of Absentee Ballot
pickup; 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 the pickup and transportation of Absentee Ballots, during
voting at a Membership Meeting, and during the tally of ballots. Candidates themselves may not be present at these times,
except for the brief time during voting needed to cast their own vote. 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 must 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. 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 for all races that can be voted on by all members; and one ballot for each unit, for 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, 256 West 38th Street, Suite 702, New York NY 10018. Absentee Ballots cannot be requested by
email, fax or phone. The Election Committee will mail an Absentee Ballot Package to the stated home address. 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. Absentee Voters will send the Return Ballot Envelopes to a post office box controlled by the
Election Committee. 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 any other way. 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 activity
from a greater distance if it finds that voters are intimidated or inhibited by the activity.
13. TALLY OF BALLOTS
The Election Committee will collect envelopes containing Absentee Ballots immediately before the Membership Meeting where
voting will occur, at the time and location specified in the Notice of Elections, and immediately transport them to the Membership
Meeting.
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 pickup, transportation and tally (see
Section 11).
Write-in votes are not permitted in the election. In accordance with 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 ACT-UAW's office at 256 West 38th Street, Suite 702, New York NY.
15. INSTALLATION
AND TERM OF SERVICE
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
All those 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. 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 (256 West 38th Street, Suite 702, New York NY 10018) before the
deadline.
19. ELECTION REPORT
In accordance with Article 38, Section 11 of the International Constitution,
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.
20. 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
Cate
Fallon
Susan Hambelton
February 24, 2011
