A Reference of Guidelines for Members and Candidates
THE VOTES FOR LOCAL 44'S TRIENNIAL ELECTION OF OFFICERS WILL BE TABULATED ON APRIL 1, 2013.
The following are excerpts and references from the sections of the I.A.T.S.E. and Local 44 Constitution & By-Laws that pertain to and govern Local 44's election processes. These references are provided as a convenience. For a more thorough overview of the applicable rules and regulations you should refer to and read the complete I.A.T.S.E. and Local 44 Constitution and By-Laws.
I.A.T.S.E. CONSTITUTION & BY-LAWS
There has been an important change to the IATSE Constitution & By-Laws that impacts the eligibility of members for nomination and election to local union office. This change was made at the 2009 IATSE Convention and does apply to our Local 44 2013 election. Generally, the I.A.T.S.E. Constitutional provision pertaining to a member's eligibility to be nominated for Local Union office (i.e., Local 44 elected offices) establishes the following rule:
Only those members who are "actively engaged in the industry within the Local's jurisdiction and have worked for at least one hundred and twenty (120) days in the past thirty-six (36) months" and are in good financial standing with the Local Union—as defined at Article V of Local 44's Constitution & By-Laws—on or before the final business day of January in any election year and who have maintained such financial good standing with the Local Union for the two (2) years prior to their nomination, are otherwise not in default in their obligations to the Local, and who satisfy all federal regulations pertaining to candidacy for Local Union office, may be nominated for elective office. All nominees to Local 44 will have to provide documentation to the Local 44 Election Committee that they are in compliance with the foregoing IATSE Constitutional provision before their nomination to office will be accepted.
LOCAL 44 CONSTITUTION & BY-LAWS
ARTICLE IX, SECTION I
OFFICES SUBJECT TO ELECTIONS AND TERMS OF OFFICE
The officers set forth at Article VI, Section 1, of Local 44's Constitution, as well as those convention delegates and alternate delegates subject to election, shall be elected every three (3) years as provided for in Section 6, of Article IX.
SECTION II
ELECTION COMMITTEE
There shall be an Election Committee that shall have the general responsibility of supervising and conducting all aspects of Local 44's triennial elections for officers. This committee shall consist of seven (7) members; provided, however, that each craft shall have at least one representative on the Election Committee. The Election Committee shall choose a chairperson from one of its seven standing members, be independent of the Executive Board, and shall oversee all phases of the election process. The Business Office of Local 44 shall cooperate with the Election Committee as it carries out the duties set forth in Article IX. Subject to review and approval by the Executive Board, the Election Committee shall have Local 44 enter into a contract with an Election Service Provider, an independent company that will be responsible for the printing and mailing of the ballots, tabulation of the ballots, rental of the P.O. Box where the ballots are to be mailed and the replacement of any lost or nondelivered ballots.
SECTION III
NOMINATIONS
All nominations of candidates—for the offices and delegates set forth in Article VI, Section 1, of Local 44's Constitution and By-Laws—shall be made triennially by petition. Each petition must designate the office to which the candidate seeks election. A member may not be nominated for more than one (1) office, provided, however, that–with exception of the office of President, Secretary-Treasurer and Business Agent, who shall serve as Delegates by virtue of their office–a member may be nominated for one of the offices set forth at Article VI, Section 1, of Local 44's Constitution as well as for the position of Delegate or Alternate Delegate.
Nomination petitions shall be made available by the Election Committee during the first week of January in each election year. Nominating petitions for the positions of Executive Board, Alternate Executive Board Member, elected Delegate and Alternate Delegate shall bear only the signatures of those members employed in the craft involved. Those seeking nomination to the Executive Board, Alternate Executive Board Member, elected Delegate, and Alternate Delegate must be members in good financial standing from the craft involved.
In order to be nominated for any Local Union elective office, a member must obtain, on his/her petition, the signatures and membership numbers of no less than either: fifty (50) members in good standing of this Local Union or Craft, or 5% of the membership of this Local Union or Craft, whichever is less, and as applicable to the office for which the member seeks nomination.
All nomination petitions must be filed with the Election Committee, in care of the Local Union's Business Office, no later than the final business day of January in any Election Year. The Election Committee, upon confirming a nominee: is actively engaged in the industry within the Local's jurisdiction, has worked for at least one hundred twenty (120) days in the past thirty-six (36) months, is a member in good financial standing as defined at Article V of Local 44's Constitution and By-Laws, and the nominee's petition is supported by the requisite number of signatures from members in good financial standing of this Local Union, shall send each nominee an "Acceptance of Nomination" form. The nominee, in order to have his/her name placed on the ballot, must sign, date, and return the acceptance form, such that it is received by the Election Committee on or before the second (2nd) Friday of February in any election year. If no more candidates for an office are nominated than the positions available for that particular office, then the candidate(s) so nominated shall be deemed elected to that office.
SECTION IV
NOTICE OF ELECTION
The Election Committee shall ensure that a written notice of the election is mailed to each member in good standing, at his/her last known mailing address, not less than 15 days before the actual date of the Local Union's election. The Notice of Election shall be published in the Local Union's "Newsreel" or other official membership newsletter.
SECTION V
ELECTIONEERING
The Election Committee shall review, supervise, and accommodate all reasonable requests for the mailing, at the candidate's own expense, of campaign material to the membership of Local 44; provided, however that the Election Committee shall not censor nor otherwise dictate the content of campaign material presented by a candidate for mailing. The Election Committee shall not discriminate with regard to the use of the membership data base in connection with a candidate's right to conduct, at his/her own expense, a mailing of campaign materials to the membership of Local 44. No property, facilities, equipment or materials owned, operated or under the control of Local 44 shall be utilized by a candidate for campaign purposes, nor shall any Local 44 employee campaign on behalf of a candidate for Local Union office while on working time and/or on Local 44 property. Each candidate shall be entitled to submit one black-and-white glossy picture and a campaign statement, for each position for which the candidate has been nominated (e.g., Craft Executive Board Representative and IATSE Delegate), of not more than 100 words for publication in the March issue of the Newsreel at no charge to the candidate. Such picture and statement shall be submitted to the Chairperson of the Election Committee no later than the close of business on February 15th, or the closest business day thereto, in any election year.
Any picture or statement which does not conform to these requirements or which is not provided to the Chairperson of the Election Committee by the required date shall not be printed in the Newsreel, nor shall any pictures of candidates, by-lined columns or articles by candidates or any other non-official material opposing or supporting a candidate be printed in the Newsreel at any time.
SECTION VI
RULES GOVERNING THE ELECTION AND BALLOTING
There shall be a primary election held for each office subject to election pursuant to Section 1 of Article IX. This primary election shall be conducted by mail ballot every three years in the month of March. The ballots for the primary election shall be tabulated on March 31st or the nearest business day thereto. The Candidate(s) receiving a majority of those votes cast (i.e., 50% plus 1) in the Primary Election shall be declared elected.
In the event no candidate obtains a majority of the votes cast in the primary election (i.e., 50% plus 1), then a Run-Off Election shall be conducted. Said Run-Off Election shall be subject to the following rules:
A. Run-Off
For the offices of Business Agent, President, Secretary-Treasurer Vice-President, Alternate Craft Representative, Alternate Craft Delegate and Sergeant at Arms, the two (2) candidates receiving the highest amount of votes shall be the candidates in the Run-Off election:
B. Conduct Of Run-Off For Two Positions
For those offices (i.e., Executive Board and Delegate) where two (2) positions are at stake, a Run-Off election shall be conducted as follows: where only one candidate obtains 50% plus one of the votes in the Primary Election, then that candidate shall be declared elected and the two (2) candidates receiving the next highest amount of votes shall be the candidates in the Run-Off election for the remaining office, and; where no candidate obtains 50% plus one of the votes in the Primary Election, then the three (3) candidates receiving the highest amount of votes shall be the candidates in the Run-Off election:
C. Conduct Of Run-Off For Three Positions
For those offices (i.e., Executive Board and Delegate) where three (3) positions are at stake, a Run-Off election shall be conducted as follows; where only two candidates obtain 50% plus one of the votes in the Primary Election, then those candidates shall be declared elected and the two (2) candidates receiving the next highest amount of votes shall be the candidates in the Run-Off election for the remaining office; where only one candidate obtains 50% plus one of the votes in the Primary Election, then that candidate Shall be declared elected and the three (3) candidates receiving the next highest amount of votes shall be the candidates in the Run-Off election for the remaining offices, and; where no candidate obtains 50% plus one of the votes in the Primary Election, then the four (4) candidates receiving the highest amount of votes shall be the candidates in the Run-Off election.
The Run-Off Election shall also be conducted by mail ballot and shall be concluded no later than April 30th, or the nearest business day thereafter, immediately following the Primary Election.
The Election Committee, in consultation and cooperation with the Election Services Provider, shall see that appropriate general and craft specific ballots are printed. Each ballot shall bear the seal of I.A.T.S.E. Local 44. In any Election Year, ballots will be mailed only to each member in good financial standing, as defined at Article V of Local 44's Constitutions & By-Laws, by first class mail on March 15th, or the nearest business day thereto. Included with the ballot shall be clear instructions concerning the proper completion and return of the same. The member shall return the completed ballot in accordance with said instructions. In order to be counted, ballots must be returned to a Post Office box acquired by the Election Service Provider by 9:00 am on March 31st, or the closest business day thereto.
The ballots shall be retrieved from the Post Office, by the Election Committee and the Election Service Provider, on March 31st, or the closest business day thereto. The Election Committee shall supervise the collection of the ballots from the Post Office box, their transportation to the tabulation site, and shall be present when the ballots are tabulated by the Election Services Provider. The Election Service Provider shall utilize appropriate safeguards to ensure the secrecy of all ballots during the tabulation process. Ballots shall be counted and the results of the election(s) tallied under the auspices of the Election Service Provider. Candidates may have observers, who must be members of the Local Union and in good financial standing, to be present at the preparation, retrieval, and counting of the ballots. No candidate may be an observer, nor may any candidate have more than three (3) observers present, at the same time, during the preparation, retrieval and/or counting of the ballot. Candidates must identify their observer(s) in advance of the ballot tabulation and in writing to the Election Committee.
The Election Committee shall post the results of the tabulation—on Local 44's website and at the Business Office—as soon as possible after the same has been completed and certified by the Election Services Provider. If a run-off election is required for any office, the Election Committee shall supervise the run-off election and all of the rules and regulations set forth in Article IX, shall apply to said run-off election. Under the supervision of the Election Committee, the Election Service Provider shall print appropriate ballots for the Run-Off Election which shall be mailed to each Local 44 member, who was eligible to vote in the Primary Election, within seven (7) business days from the tabulation of those ballots cast in the Primary Election. The ballots for any Run-Off Election must be returned to the post office box rented by the Election Service Provider no later than 9:00am on April 30th, or the next business day thereafter, in any election year. The Election Committee and the Election Service Provider shall collect the Run-Off Election ballots by 9:00am on April 30th; or the next business day thereafter, in any election year and shall tabulate said ballots through the same procedure applicable to a Local 44 general election. The candidate(s) receiving the greatest amount of votes in the Run-Off Election shall be deemed elected to the office(s) contested in said election.
Local 44 shall retain all ballots, records of the Election, and the envelopes used for returning the ballots, for at least one (1) full year. The Election Committee shall prepare a detailed report of the election for the Executive Board which shall be presented at the next Executive Board meeting immediately following the conducting of the election.
SECTION VII
INSTALLATION
A special meeting for the purpose of installing newly elected officers and members of the Executive Board shall be held on the first Wednesday in June, but in no event later than June 7th, for the purpose of installing those members elected to office.
SECTION VIII
POST ELECTION PROTESTS
Challenges to an election shall be filed, in writing, with the Chair of the Election Committee, in care of the office of the Secretary-Treasurer, no later than seven (7) business days after the tallying of the ballots has been posted. Challenges may be based upon an objection to the tallying of the ballots, to the conduct of the election, or to conduct that may have affected the outcome of the election. Any such challenge shall set forth a brief statement supporting the challenge and the reason(s) why the conduct protested in the challenge may have affected the outcome of the election. If a challenge is filed, the Election Committee shall act as an Appeals Committee and shall investigate said challenge, make a determination thereon and no later than the thirtieth (30th) calendar day after the filing of said challenge, file a report on said challenge(s) with the Office of the Secretary-Treasurer. A copy of said report shall be, within five (5) business days after its delivery to the Secretary-Treasurer, sent to the party(ies) who filed the challenge(s).
All rulings and decisions of the Election Committee, sitting as an Appeals Committee, may be appealed to the International pursuant to the International's Constitution and By-Laws.
You should carefully read the Local 44 and the IATSE Constitution & By-Laws for a more thorough review and understanding of the Local 44 election process. The Election Committee will be responding to requests for information and candidate questions after January 1, 2013.