3 Before Your ElectionA committee should be appointed to conduct your local’s election of officers in accordance with federal law and your union’s constitution and bylaws
4 Before Your ElectionLocal officers who are not up for election may serve on the election committeeNo member of the election committee can be a candidate for office in the election
5 Holding Elections What local offices must be filled by election? Any constitutional officerany person authorized to perform the functions of the president, vice president, secretary, treasurer or other executive functions of the local, orany member of the executive board or similar governing body(29 CFR Ch IV, A, Part )
6 Holding Elections What local offices must be filled by election? A constitutional officer is any person holding a position identified as an officer by the constitution and bylaws of the union (29 CFR Ch IV, A, Part )
7 How OftenLocals are required to hold elections for each position at least every three years(29 CFR Ch IV, A, Part )Local constitution should specify when elections are heldterms can be staggered
8 Notice of Nominations Offices to be filled by election Date and time for submitting nominationsPlace for submitting nominationsHow to submit the nomination(29 CFR Ch IV, A, Part )
9 Methods for Reasonable Notification Mail a noticeCan also include the notice of election information and satisfy that requirementPublication in a union newsletterReasonably calculated to reach all members in good standing, andprovides reasonable opportunity of nominations to be made; or other means in accordance with the local constitution and bylaws(29 CFR Ch IV, A, Part )
10 Who can run?Any member in good standing, subject to reasonable qualifications in the local’s constitution and bylaws(29 CFR Ch IV, A, Part )Any member seeking election to a union office or position may not accept nomination or run for more than one elected position during any single election(NATCA Constitution Bylaw I.5.)
11 What are the factors used to determine whether a reasonable qualification is reasonable? Its relation to the legitimate needs and interests of the unionIts relation to the demands of the union office to which it is appliedThe number of members who are disqualified by its applicationA comparison of normal requirements of other unionsThe degree of difficulty union members have meeting the qualification(29 CFR Ch IV, A, Part )
12 Prohibition against certain persons holding office 29 U.S.C. 504 (a)“No person who has been convicted of, or served any part of a prison term resulting from a conviction of robbery, bribery, extortion, embezzlement, grand larceny, burglary, arson, violation of narcotics laws, murder, rape, assault with the intent to kill, assault which inflicts grievous bodily injury or a violation of title II or III of this act”
13 Campaign Rules Distribution of Literature “A union must honor all reasonable requests by a candidate to distribute literature at his or her expense to all members in good standing. The union may not censor campaign material and must treat all candidates equally.”(29 CFR Ch IV, A, Part )
14 Campaign Rules Inspection of Membership List “Each bona fide candidate has the right to inspect the membership list once within thirty days of the election. In the case of a mail-ballot election, within thirty days prior to the ballots being mailed. This does not include copying.”(29 CFR Ch IV, A, Part )
15 Campaign Rules Use of Union Funds “Union funds may not be used to promote the candidacy of a particular individual in a union election. These funds may, however, be used for notices, factual statements of issues not involving candidates; and other expenses necessary for holding an election.”(29 CFR Ch IV, A, Part )(Employers may not contribute either)(29 CFR Ch IV, A, Part )
16 What is a member in good standing? Election ProceduresWhat is a member in good standing?
17 (Art III, Sec 6, NATCA Constitution) Election ProceduresA member shall be considered in good standing if:(a) The payment of his or her dues is not more than 45 days in arrears(b) His or her membership has not been modified by disciplinary action imposed in accordance with this constitution(Art III, Sec 6, NATCA Constitution)
18 Election ProceduresDuring the planning of the election, the election committee should update the membership list (This will ensure all the membership information is correct and current)The membership list can be obtained from the membership department at the NATCA’s national office
19 Notice of ElectionMust be mailed to the last known address of every member in good standingPostmarked at least 15 days prior to the electionContents: must specify thedate(s)time(s)place of the electionoffices to be filledmust be in a form reasonably calculated to inform the members of the impending election
20 Uncontested Elections An election of officers by secret ballot need not be held if the candidate for an office is unopposed and the following conditions are met:Union provided for a reasonable opportunity for nominationWrite-in votes are not permitted as evidenced by a provision in the constitution or bylaws of the local(29 CFR Ch IV, A, Part )
21 Polling Place Elections Two types of polling place electionsManned polling placeUnmanned or drop-off
22 Polling Place Elections Manned polling placeHours must allow all members a reasonable opportunity to votePoll workers shall not be on dutyVoters provide proof of identity and vote at that time
23 Polling Place Elections Drop off polls/ballot boxBallot box must be secureBallots must be validatedSecret ballot envelopeBallots treated same as mail electionNot advised
24 Elections by MailDevelop a time schedule for each step of the electionGeneral rule, allow 3-4 weeks for members to mark and return their ballotsEstablish date and time by which ballots must be received in order to be countedClearly announce deadline in voting instructions
25 Elections by Mail The Mail Ballot Package: Election Notice and Voting Instructions*BallotSecret Ballot EnvelopeReturn Ballot EnvelopeLarge Mail Envelope*If election notices were not mailed to members previously, the ballot package may serve as the election notice provided it is mailed at least 15 days prior to the deadline for counting.
26 Elections by MailProvide replacement ballots to eligible voters that indicate they have not received a ballotClearly indicate that it is a duplicate. (decide in advance which ballot to count, if both returned)Use return envelope to verify voter eligibilitySeparate secret ballot envelopes from return envelope
27 Elections by Mail Open secret ballot envelopes Void the entire ballot if it contains information identifying the voterVoid only the the particular office involved if voter intent is not clear, if no candidate is selected, or if too many candidates are selectedCount ballots in same manner as other elections
28 Elections by MailArrange for a special restricted access post office box to be used solely for the receipt and storage of returned ballotsInstruct postal officials that ballots may only be released only at a specified time and only to authorized union election officialsUse a different address for returned undeliverable ballot packagesUse that address as return address label on the ballot package
29 What is a Secret Ballot?Ballot that makes it impossible to determine the identity of the voter(29 CFR Ch IV, A, Part )
30 Voiding Ballots If voter intent is not clear If too many candidates have been selected for one or more positionsElection officials should void only the particular office involved by lining through the boxes for that office and marking “void” and their initials next to the position being voided
31 Voiding BallotsIf a voter fails to vote for any candidate for a position or election, election officials should insure that no one can mark the ballot at a later time
32 Counting the BallotsElection committee should, if necessary, obtain an updated membership list from the national office prior to the count for ballot validationSpecify that you are requesting the list for the purpose of conducting an electionBallots should only be handled by the election committee
33 Counting the BallotsEvery vote on a valid ballot should be counted if the voter’s intent is clear, no matter what mark is used to to indicate the voter’s choiceResults must be published where all interested members have reasonable access to the information
34 ObserversEach candidate has the right (and should be reminded) to observe and have observers present at each polling place and at the counting of the ballotsCandidates can have as many observers as necessary observe all counting and ensure a fair election(29 CFR Ch IV, A, Part )
35 Declaring a WinnerYour local constitution should specify whether a majority or plurality is requiredIf not specified a majority is requiredA majority is more than 50% of the valid votes castIf no single candidate receives a majority, a run off election is warranted
36 After the Election Election results must be posted promptly Pack and seal all used and unused ballots, tally sheets, voter registers, voter eligibility lists and other election materialsMaintain all election records for at least one year
37 Election Checklist Can you answer yes? Are elections held within 3 years?Do members have a reasonable opportunity for nomination?Do members have a reasonable amount of time to nominate candidates?Do all members in good standing have an opportunity to be nominated?Is the membership list updated so candidates have an opportunity to inspect it within 30 days of election or mailing of ballots?
38 Election Checklist Can you answer yes? Are no union or employer funds involved in promoting the candidacy of any person?Do all members in good standing have the opportunity to vote?Are election notices mailed to the last known address of all members at least 15 days prior to the election?Have the candidates been given the opportunity to have observers present at the polling places or the ballot counting?
39 Election Checklist Can you answer yes? Can the members support the candidate of their choice without fear of reprisal?Are the election procedures in compliance with applicable regulation and the local and national constitution and bylaws?Are all ballots and other election materials kept for one year?
40 Election ProtestsAny member in good standing may file an election protest provided all of the following conditions are met:The protesting member must have been eligible to participate in the protested election at the time of the incident giving rise to the protest
41 Election Protests2. A written protest is filed with the National Election Committee through NATCA’s General Counsel, via certified mail; and3. In order to be timely, a protest must be received no later than 15 days subsequent to the election date stipulated in the election rules, and within 30 days of the incident giving rise to the protest
42 Election Protests The National Elections Committee will Notify members who were eligible to participate in the election that a protest has been filedInvestigate the protestForward a recommendation to the NEB