Statement of Complaint in re March 12, 2009 Officers Election

Presented to Executive Board of ILA Local 2038

GLDC ACD

April 6, 2009

Page 1

 

The Complainants believe this election and nomination process was  held in violation of  Article IV Sections 1 & 2, Article V Section 1, Article VI Sections 1 & 2, Article XI Section 1, and Article XX Section 1 of Local 2038 GLDC ACD's By-laws. (Attached).

 

We further believe it was in violation of Article XIII Section 1, and Article XIV Section 1 of the ILA Constitution. (Attached)

 

		We further believe it was a violation of Department of Labor's Code of Federal Regulations     Pertaining to ESA,  29 CFR 452.26 – Elections in Local Labor Organizations (attached) in     that it constitutes an "indirect election" that is not permitted in a Local Labor Union.       We also believe it was a violation of other Department of Labor Laws, Rules, Regulations, and     Guidelines.   About the Voting:   An unsigned and undated Notice was distributed in the Beta Steel plant and at the Union Hall prior to the election of March 12, 2009 that Union Officials claimed "clarified"  what was in the By-laws that prevented the general membership from voting and allowed only the Local and Division Officers to vote.  It is attached.   Having misunderstood the "clarification", several  members of Local 2038 arrived at the Union Hall on March 12, 2009  to vote in the Officers election for President, Secretary Treasurer, and Business Agent.  (All nine claimants were among this group).  They were all turned away because their status as members in good standing did not meet the Executive Board's qualifications standard that required voters to be Local or Division Officers. No provisions were made for challenged votes.   Among the By-laws Articles cited to support our contention of voting violations, the most significant would be (but are not limited to):        Article V      Officers      Section 1. The Membership of Local 2038 GLDC ACD and all Officers representing      various divisions shall elect by secret ballot a President, Secretary Treasurer, and Business Agent.           Also:        ARTICLE VI      NOMINATIONS AND ELECTIONS      Section 2. Local 2038 GLDC ACD's elections will be held in March of 2009 and each election year      thereafter. The hours of voting shall be from 7:00 AM to 4:30 PM. Each member in good standing      of Local 2038 GLDC ACD and all Officers representing various divisions shall be entitled to vote.             No proxy vote or absentee ballot shall be permitted.        Both of the above articles make direct reference to the election held on March 12, 2009 and state clearly that  the general membership is entitled to participate in this election.   Out of approximately 600 members in good standing in Local 2038 only 42, who are Local and Division Officers, were declared eligible to vote for members of the Executive Board.  This constitutes an indirect election which violates the DOL regulation cited earlier, and is attached to this file.       Statement of Complaint Page 2   About the Nominations:          We contend the nomination process was fatally flawed and was in violation of DOL      Guidelines (attached) that state:         1. "Labor regulations require that the nomination notice be given in a      manner reasonably calculated to reach all members in good standing"      and      2. "A union must take steps to notify sick, laid-off, or other nonworking  members who may be      eligible to nominate candidates but who might not ordinarily see a notice posted only at the      work site(s) or union hall." .

                        Notices for the nomination of Local 2038 Officers, whose election took place on March 12, 2009 were placed at the Union Hall and in and around the plant.  Approximately 80% of the Beta Division workers were on lay-off at the time and received no notice of Nominations.

 

Also

 

Members were not allowed to make direct nominations but had to contact a Local or Division officer to suggest a nomination.  This is in violation of Article XI Section 1. of Local 2038 By-laws which states:

 

"Every member in good standing of Local 2038 GLDC ACD and all Officers representing various divisions shall have equal rights and privileges to nominate candidates for office of Local 2038 GLDC ACD . . ."

 

Having to "suggest" a nominee through a surrogate does not constitute "equal rights and privileges."

 

Beta Division members make up almost exactly half of the membership with approximately 300 employees in a membership of about 600.  How the nomination process was handled in the other divisions has not been reported to us.

Statement of Complaint

Page 3

 

 

About the Hours of Voting:

 

The Complainants also allege that the hours and restrictions of voting as listed in -

ARTICLE VI
NOMINATIONS AND ELECTIONS

      " . . . hours of voting shall be from 7:00 AM to 4:30 PM . . . No proxy vote or absentee ballot         shall be permitted."

 

- are unnecessarily and illegally restrictive due to the number of members who are on 12 hour ( 7 am to 7 pm) shifts.  We believe this violates the Voters Rights Guidelines laid down by the DOL that state

 

1. " 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."

 

They also say

 

2. Election officials should not be bound by polling hours and locations used in prior elections, particularly if members were denied a reasonable opportunity to vote. Make sure that members' work schedules and work locations are considered when establishing polling hours and places.

 

     3. Also listed under : Common Pitfalls [for election officials] is

                   Failing to provide adequate opportunity to vote for members working a late shift.

 

 

the 3 citations for voting hours can be found at:

http://www.dol.gov/esa/olms/regs/compliance/localelec/localelec.htm#ch9

 

            We also claim it is a violation of Local 2038 By-laws Article XX Section 1 that states:

 

"Any and all provisions of these By laws which are in violation of Federal or State laws, or inconsistent with the Constitution and By Laws of the Great Lakes District Council, or the Atlantic Coast District, or the ILA Constitution and Rules of Order, are null and void."

 

Statement of Complaint

Page 4

 

Remedy Sought:

 

 

1. That the Officers Election of March 12, 2009 be immediately declared null and void.
2. That the offices of President, Secretary-Treasurer and Business Agent  be re-opened for nominations with notification to membership conforming to Federal guidelines.
3. That a new Election be held that conforms to ILA Local 2038 GLCD ACD By-laws, the ILA Constitution, and all Federal Laws, Rules, Regulations and Guidelines, as enumerated in this complaint, within 30 days.
4. That voting hours be scheduled in a reasonable attempt to accommodate the memberships' standard working schedules.