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U.S. Department of Labor
Office of Labor-Management Standards
(OLMS)
Union Officer Elections
Under the Labor-Management Reporting
and Disclosure Act
(LMRDA)
The OLMS Mission
Administer the LMRDA
• Financial recordkeeping and
•
•
reporting
Ensuring union democracy
Safeguarding union assets
Assets and Reporting
• LM reports (Title II)
• Bonding investigations (Title V)
• Audits (Titles II & V):
–Recordkeeping
–Reporting
–Embezzlement
Union Democracy
• Investigate complaints:
–Trusteeships (Title III)
–Officer Elections (Title IV)
• Supervise elections when OLMS
investigations find violations that
may have affected outcome
LMRDA Title IV
• Section 401:
–Sets minimum standards for
•
regularly scheduled elections of
officers, and
–Incorporates unions’
constitutions as part of the
standards.
Section 402 covers procedures for
filing election complaints with
OLMS.
Frequency of Elections
At Least …
• Local - Every 3 years
• Intermediate - Every 4 years
• National and International
- Every 5 Years
Who Must Be Elected ?
• Officers named in union constitution
• Members of union executive board or
similar governing body
• All who have policymaking or
executive authority regardless of title
• Convention delegates who elect
officers of a international or national
union or intermediate body
Who Can Run for Office ?
• Any member in good standing
• Member in good standing usually means
someone who is current in dues
• Subject to reasonable qualifications in
the constitution and bylaws that are
uniformly imposed
• Persons not barred from holding union
office under Section 504 of the LMRDA
Examples of
Officer Qualifications
• Minimum length of membership
(not to exceed two years)
• Continuous good standing (not to
exceed two years)
• Active membership status
• Working at the craft
More Examples:
Officer Qualifications
• Completed apprenticeships
• Excluding employers
• Meeting attendance
– What is the impact?
Nominations
• The nominations notice must reach all
members within a reasonable time
before nominations.
• Every union member must be given a
“reasonable opportunity” to nominate
the candidates of their choice.
Nomination Notice
***NOMINATIONS MEETING***
Nominations for: President, Vice President, Secretary & Treasurer
(Candidates selected as President and Vice President will also
serve as delegates to the International Union Convention held in St.
Louis, Missouri in August 2005)
When: November 18, 2004 at 7:00 pm
Where: Local 1 Union Hall, 123 Main St., Gotham City
How: Nominations will be taken from the floor at the
meeting.
Examples of Notification
Methods
• Mail to members’ homes
• Publish in union newspaper
• Post at work sites
• Combine with election notice
– Must mail combined notice to
members’ homes
Provisions for Accepting
Nomination
• Determine nominee presence at meeting and
if he or she accepts nomination.
• If formal nomination acceptance is required,
an acceptance procedure with a reasonable
deadline should be announced in advance.
• Any nominee unable to attend the nomination
meeting should be allowed to submit a written
acceptance.
Candidate Eligibility Letters
Every candidate must be given a
reasonable opportunity to
campaign.
Campaign Rules
• A union must distribute campaign
literature for a bona fide candidate.
• Each candidate must be treated equally
regarding distribution of literature.
• The union has an affirmative duty to
comply with all reasonable requests to
distribute campaign literature.
• The union may not censor the contents
of campaign literature.
All Candidates Must Receive
Equal Treatment
• Membership & employer lists
• Access to work sites
Do Not Use
Union or Employer Funds For
Campaigning
• Office equipment and supplies
• Facilities (buildings, cars, etc.)
• Publications and
correspondence
• Time (salaries, work hours)
• Cash
• Applies to direct and indirect
expenditures
Election Guarantees
• Members in good standing have the
right to vote for candidate(s) of their
choice.
• Elections for local union officers
and delegates who elect officers
must be conducted by secret ballot.
Election Notice
Mailed to each member's home
No later than 15 days before the
election
Election date, time and place
Specific offices to be filled
Secret Ballot Election
• The act defines a secret ballot as
“...the expression by ballot, voting
machine, or otherwise, but in no
event by proxy, of a choice with
respect to any election or vote…cast
in such a manner that the person
expressing such choice cannot be
identified with the choice
expressed.”
Ballot Secrecy
• Voting booth
• Voting machine
• Double envelope mail ballot
elections
Mail Ballot
Put ballot
in here
Use 2 post
office boxes:
1 for undelivered
ballots
1 for voted ballots
Secret Ballot
Joe Smith
U.S.
111 West Huron St.
Auburn, IL 62222
Local 1 Election Committee
P.O. Box 2
Gotham, IL 63333-0002
Holding Elections
• Provide adequate safeguards
– Verify voter eligibility
– Protect the ballots and voting
process
• Count the votes of all members in
good standing, unless challenged
for legitimate reasons
Challenged Ballot
Observers
• Candidates’ observers allowed at polls and
tally
• In mail ballot elections, observers allowed at:
– Ballot mailing where envelopes are stuffed,
labeled and mailed
– Any visits to the post office to pick-up
undeliverables and re-mail ballot packages
– Accompany election officials to pick up
voted ballots, transport to tally, eligibility
review
More Observer Requirements
Observers must:
• Be given reasonable opportunities to
observe,
• Not assist the election officials in
conducting the election, and
• Not engage in partisan activities
inside the polling place.
Tallying the Ballots
• Every vote on a valid ballot should
be counted if the voter’s intent is
clear.
• An entire ballot should not be voided
unless it contains the voter’s name
or other marks which identify the
voter.
• Challenged ballots should be
resolved early in the process.
• All ballots need to be accounted for,
including those cast, unused,
sample, challenged, spoiled and
voided ballots.
Ballot Tally Certification
After the Election
• Announce and publish election
results
• Retain election records for one
year
Dear OLMS,
I have an election
complaint.
LMRDA Title IV
Section 401 sets
election standards.
Sincerely,
I.M. Aggrieved
Section 402 contains
procedures for filing
an election complaint
with OLMS.
Protesting Elections
• Under Section 402 of the act, any member
may file an election complaint with the
Secretary of Labor.
• Prior to filing a complaint with the
Secretary, the member must have either
exhausted or attempted to exhaust the
remedies available under the union’s
constitution and bylaws.
• Complaints to the Secretary should be in
writing and filed with the nearest OLMS
field office.
File a Complaint with OLMS
Within 1 Calendar Month of:
Getting a final
answer from
the union on
your protest
OR
Three (3) months
after your initial
union protest and
no final response
Include in Your Protest
• LMRDA violations
• Violations of constitution and
bylaws
• Unreasonable application of
election rules
OLMS Complaint
• Must be in writing
• Can fax, but give OLMS the original
• Attach copies of internal protest and
union decisions
• Include your address and phone
number
• Witnesses and other evidence
CSRA (Federal Unions)
Complaints
• State the alleged violations
• Describe internal remedies taken
• Copy of the internal union protest
• Copy of the union’s decision on your
protest
OLMS Election Investigation
• Upon receipt of a valid election
complaint, OLMS initiates an
investigation.
• The investigation will include
interviews with the complainant, union
officials, and other witnesses.
• OLMS will also examine election
records and other appropriate records
as needed.
OLMS Election Investigation
OLMS must determine:
• If violations occurred, and
• If violations may have affected the
election outcome.
18 U.S.C. 1001
If you provide false
information to OLMS during
an investigation you could
be charged with a felony
violation.
Six Most Common Complaints
• Use of union or employer
funds, facilities,
equipment, or supplies to
support a candidate
• Denying eligible members
the right to vote or
permitting ineligible
persons to vote
• Non-uniform application of
candidate eligibility
requirements
• Lack of secret ballot
• Failure to provide
adequate safeguards to
insure a fair election,
including failure to
safeguard ballots properly
• Failure to follow
provisions of the union’s
constitution and bylaws
Violations Affecting the
Election
OLMS will seek an agreement with
the union to voluntarily rerun the
election under OLMS’ supervision.
If There Is No Agreement
• LMRDA:
Suit in federal district
court within 60 days of date
complaint filed
• CSRA: Complaint with the ALJ
LMRDA Title IV
Section 401 sets
election standards.
Section 402 contains
procedures for filing
a complaint with
OLMS.
OLMS Election References
• LMRDA
• Electing Union Officers
• Conducting Local Union Officer
Elections
• Checklist for Conducting Local Union
Officer Elections
• Electing Local Union Officers by Mail
• Union Officer Elections: A
Complainant’s Guide
QUESTIONS?
OLMS Online
http://www.olms.dol.gov