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Are Local 2038 Officers
Afraid of their own Membership?

A Guest Commentary by
Jeff Kleefisch
Melt Shop Electrical

On November 24, 2008, Kensey Alsman gave Mike DaVaney a proposed By-laws amendment that, at the time, did not seem controversial. It was a small change that would extend the hours of voting when we had Officer Elections. It would make a small difference to our rules, but a huge difference to members who work 12 hour shifts on an election day. All it does is slightly expand democracy in our Local.

DaVaney was correct when he said "There is no time limit on when this has to be done." But really, Mike. It has been four months and you haven't done anything. Is there something else going on here? After what happened at our latest Officers Election rodeo, I'm starting to think that DaVaney and the other top officers in this Local are afraid of their own membership.

Meeting? Speaking? Voting? Oh My ! ! !

It looks like they don't want the members attending meetings. They don't want them voting. They don't want to hear their opinions. And what does Davaney have to do when he gets a By-laws change request?

  1. He has to notify everyone in the Local about a meeting.
  2. He has to allow everyone a chance to speak.
  3. He has to let everyone vote.

Calling (1) a meeting that the entire membership knows about, where they can (2) talk and (3) vote seems like a real problem for him. Is that why he has sat on it for four months?

What do our By-laws say about making a By-laws change?
Here it is.

Section 1. Proposed amendments to Local 2038 GLDC ACD's By-laws must be submitted in writing to the President. Each member affected by such amendment shall be notified in writing of the proposed amendment before any action can be taken.
Section 2. It shall require a majority vote by secret ballot of the members in good standing present at a special meeting of the membership of Local 2038 GLDC ACD called for the purpose to adopt the proposed amendment.

That sounds simple enough. But what does it mean to our officers? In the last election, Mike helped the Executive Board find a way to tie our By-laws into knots and keep the membership from voting. This way he was sure to keep the incumbents in office (including himself). They have proven they can make the By-laws mean anything they want.

What does the Department of Labor say about the issues in this By-laws change?
Here it is.

"The opportunity to cast a secret ballot in an officer election is the most fundamental right guaranteed by the LMRDA to all union members in good standing."
"The right to vote also implies a reasonable opportunity to vote; therefore, election officials must take into account factors such as distance to the polling site and hours of work when scheduling polling hours and locations."
(http://www.dol.gov/esa/olms/regs/compliance/localelec/localelec.htm#ch9)

The Department of Labor seems to agree with Kensey.

So do I. But, that's only my interpretation.

What does Mike DaVaney say about this Bylaws change?
Here it is.

"There is no time limit on when this has to be done."

What do I say?
Here it is.
Let's get off our butts and get this done ! ! !

Jeff Kleefisch


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The Proposed By-laws Amendments
Proposal 1
Proposal 2

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Created on ... March 25, 2009