ALAA Roots — An Unofficial Site

May 21, 2007

2007.05.21: 5/24/07 “Special Election” is in violation of UAW Constitution

Filed under: ALAA History,Key Documents,Union Democracy and Structure — nyclaw01 @ 5:19 pm

From: L.Antonia Codling
Sent: Monday, May 21, 2007 5:19 PM
To: ALAA MEMBERS
Subject: 5/24/07 “Special Election” is in violation of UAW Constitution

The upcoming ALAA election appears to be in serious violation of Union rules for the following 6 reasons (see below for detailed description of the violations and relevant Sections of the UAW Constitution):

*Vacant Presidency is Filled by a Vice President, Not Special Election *Date of Election Must be Set by Membership (Not the EB or DC) *Election Committee Must be Elected by Membership (Not the EB or DC) *Executive Board Must Ensure Proper Election Procedure *Special Union-Wide Membership Meeting Must be Held to Close Nominations for Candidate Forum *Executive Board Member Running for Another Vacant Position Must, Prior to Nominating Meeting, Resign Current Position

I request that the entire Executive Board meet to remedy this matter — not just the election committee which has not been properly elected.

1.  Vacant Presidency is Filled by a Vice President, Not Special Election “In case of a vacancy in the office of President, the Vice President shall fill the vacancy for the unexpired term, provided that where there are two (2) or more Vice Presidents, the Local Union shall establish fair and reasonable procedure for determining which of the Vice Presidents shall fill the vacancy.” UAW Constitution, Article 38, § 14, at http://www.uaw.org/constitution/article38.cfm. [This prevails over ALAA Bylaws (attached), which state that “All Officer and other EB vacancies shall be filled promptly by a special election,” Article VIII § 3, since “[a]ny provisions of the Local Union bylaws on the conduct of Executive Board elections is subordinate to Constitutional Requirements.”  UAW Administrative Letter, Vol. 50, Letter No. 2 (Feb. 15, 2002), at 8.]

2.  Date of Election Must be Set by Membership (Not the Executive Board or Delegate Council)

“The date or dates for all elections must be established by the membership body of the Local Union.” Article 38, § 10(d). [Exception only where membership meeting failed to get a quorum: “In unusual circumstances, where the Local Union still holds general membership meetings, and is unable to secure a quorum immediately preceding the required time to begin the conduct of their elections, the establishment of the date and other specifics in connection with the election may be established by the Local Union Executive Board.”   UAW Constitution Interpretations, at <http://www.uaw.org/constitution/interp.cfm>.

3.  Election Committee Must be Elected by the Membership (Not the Executive Board or Delegate Council) “[T]he Election Committee must be democratically elected by the membership of the Local Union.  The vote for the Committee should be by secret ballot at a membership meeting.” Guide for Local Union Election Committees, (UAW 1999), at 81. Original emphasis.

4.  Executive Board Must Ensure Proper Election Procedure “All Local Union elections are required to be conducted by the Election Committee.  However, the Local Union Officers and the Local Union Executive Board have the responsibility of making sure that all of the procedures and provisions of the International Constitution and applicable provision of the law have been properly carried out in connection with the election during the preparatory period and prior to the date the election is to be conducted.”  UAW Administrative Letter, Vol. 50, Letter No. 2 (Feb. 15, 2002), at 8.  Original emphasis.

5.  Special Union-Wide Membership Meeting Must be Held to Close Nominations for Candidate Forum “Written or e-mailed officer nominations will be accepted by the Election Committee during a period thirty (30) days prior to a citywide membership meeting during which additional oral nominations will also be accepted and a candidates forum conducted.”  ALAA Bylaws, Article VIII § 4.2.

6.  Executive Board Member Running for Another Vacant Position Must, Prior to Nominating Meeting, Resign Current Position “If a member holding Executive Office, the term of which is not expiring, desires to become a candidate for another Executive Office, such member is obligated to notify the Local Union of her/his resignation from the member’s present office sufficiently in advance of the nominating meeting to permit the nomination and election of candidates for both offices during the same election. Such resignation would be come effective at the time of installation.” UAW Constitution, Article 38, § 16, at <http://www.uaw.org/constitution/interp.cfm>.

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