U.S. Department of Labor Office of Labor-Management Standards (OLMS)

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U.S. Department of LaborOffice of
Labor-Management Standards(OLMS)
Union Officer Elections Under the
Labor-Management Reporting and Disclosure
Act(LMRDA)
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The OLMS Mission

• Administer the LMRDA

• Financial recordkeeping and reporting
• Ensuring union democracy
• Safeguarding union assets

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Assets and Reporting

• LM reports (Title II)
• Bonding investigations (Title V)
• Audits (Titles II V)
• Recordkeeping
• Reporting
• Embezzlement

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Union Democracy

• Investigate complaints
• Trusteeships (Title III)
• Officer Elections (Title IV)
• Supervise elections when OLMS investigations find
  violations that may have affected outcome

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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.

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Frequency of Elections

• At Least
• Local - Every 3 years
• Intermediate - Every 4 years
• National and International
• - Every 5 Years

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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

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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

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Examples ofOfficer 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

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More ExamplesOfficer Qualifications

• Completed apprenticeships
• Excluding employers
• Meeting attendance
• What is the impact?

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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.

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• 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 700 pm Where Local 1 Union Hall,
123 Main St., Gotham City How Nominations will
be taken from the floor at the meeting.
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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

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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.

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Candidate Eligibility Letters
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• Every candidate must be given a reasonable
  opportunity to campaign.

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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.

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All Candidates Must Receive Equal Treatment

• Membership employer lists
• Access to work sites

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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

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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.

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• 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
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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 votecast in such
  a manner that the person expressing such choice
  cannot be identified with the choice expressed.

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Ballot Secrecy

• Voting booth
• Voting machine
• Double envelope mail ballot elections

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Mail Ballot
Put ballot in here
Secret Ballot
Use 2 post office boxes 1 for undelivered
ballots 1 for voted ballots
U.S.
Joe Smith 111 West Huron St. Auburn, IL 62222
Local 1 Election Committee P.O. Box 2 Gotham, IL
63333-0002
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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

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Challenged Ballot
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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

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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.

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Tallying the Ballots

• Every vote on a valid ballot should be counted if
  the voters intent is clear.
• An entire ballot should not be voided unless it
  contains the voters 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.

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Ballot Tally Certification
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After the Election

• Announce and publish election results
• Retain election records for one year

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LMRDA Title IV

• Dear OLMS,
• I have an election
• complaint.
• Sincerely,
• I.M. Aggrieved

Section 401 sets election standards. Section
402 contains procedures for filing an election
complaint with OLMS.
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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 unions constitution and bylaws.
• Complaints to the Secretary should be in writing
  and filed with the nearest OLMS field office.

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• File a Complaint with OLMS

Within 1 Calendar Month of
Getting a final OR answer from the union on your
protest
Three (3) months after your initial union protest
and no final response
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Include in Your Protest

• LMRDA violations
• Violations of constitution and bylaws
• Unreasonable application of election rules

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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

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CSRA (Federal Unions) Complaints

• State the alleged violations
• Describe internal remedies taken
• Copy of the internal union protest
• Copy of the unions decision on your protest

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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.

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OLMS Election Investigation

• OLMS must determine
• If violations occurred, and
• If violations may have affected the election
  outcome.

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18 U.S.C. 1001
If you provide false information to OLMS
during an investigation you could be charged with
a felony violation.
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Six Most Common Complaints

• Use of union or employer funds, facilities,
  equipment, or supplies to support a candidate
• Non-uniform application of candidate eligibility
  requirements
• Failure to provide adequate safeguards to insure
  a fair election, including failure to safeguard
  ballots properly

• Denying eligible members the right to vote or
  permitting ineligible persons to vote
• Lack of secret ballot
• Failure to follow provisions of the unions
  constitution and bylaws

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Violations Affecting the Election
OLMS will seek an agreement with the union to
voluntarily rerun the election under OLMS
supervision.
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If There Is No Agreement

• LMRDA Suit in federal district court within 60
  days of date complaint filed
• CSRA Complaint with the ALJ

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LMRDA Title IV
Section 401 sets election standards. Section 402
contains procedures for filing a complaint with
OLMS.
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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 Complainants Guide

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QUESTIONS?
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OLMS Online
http//www.olms.dol.gov