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Section
1. Nomination and election meeting
Section
2. Election procedure
Section
3. Election Committee
Section
4. Election committee meeting and appearance
Section
5. Election committee procedure
Section
6. Appeals
Section
7. Appeal tribunals
Section 8. Appeal procedures
Section 1. Nomination and election meeting
a) Candidates for local office, executive board membership, elected business agent and other position shall be elected in an election by secret ballot.
At the option of the local union, nominations may be made at a special meeting called for the purpose prior to the local’s election. The local union shall give timely notice to its members of the offices to be filled in the election and of the time, place, and form for submitting nominations, and shall afford office seekers a reasonable period to engage in
campaigning. The executive board shall determine and announce the date, time, and place of the election. In addition, notice of such date, time and place shall be made to each member at the member’s last know home address at least fifteen days before the election through the union newspaper or by letter. If at the time of nominations, there is no contest for any or all offices or positions and there therefore an election by acclamation, there is no need to schedule an election for those offices or positions. The requirement to give fifteen days’ notice for the election of officers in Canada may be met by posting in the
shop.
b) A person may not be a candidate for more than one office or position if he or she cannot occupy such offices or positions at the same time.
Section 2. Election procedure
a) Each candidate in a local
election shall be elected by ballot. However, if there is only one candidate for an office or position, his or her election may be by
acclamation, provided that the election committee examines the candidate’s
qualifications and declares him or her eligible.
b) Mail ballots may be used if authorized by the international president
and/or the international secretary-treasurer.
c) Each qualified candidate shall be entitled to have an observer present in
the polling place during the voting and the final tally and count of the votes.
Where there is more than one
polling place, the election committee shall determine the number of observers
required for adequate coverage of the polling place, and each qualified
candidate shall be entitled to such number. However , where group voting has
been authorized, the election committee shall fix an adequate and reasonable
number of observers for each group. Each group shall be entitled to the same
number of observers, regardless of the number of candidates nominated as
part of its ticket. A candidate may be an observer. All observers must be
members in good standing of the affiliate involved.
The names of all observers must be
designed in writing to the election and objection committee. An observer may not
electioneer within the polling place and shall be subject at all times to the
authority of the election committee to conduct and supervise the election.
d) The votes shall be counted immediately after the polls close. The
candidates receiving the highest number of votes shall be declared elected,
unless the constitution or by laws of the affiliate require that a candidate
receive a majority of the votes cast.
Section 3. Election Committee
a) An election committee of at least three members in good standing who are
not candidates in the election shall be chosen for each election. The committee
shall either be nominated and elected at the special nomination meeting if the
local union has a special nomination meeting in advance of the election or it
shall be elected or appointed by the local’s executive board. If the local
executive board fails to do so, the committee may be appointed by the GEB. This
subsection (a) is subject to the provisions of subsection (b) of this Section.
b) Only a member who is eligible to be an officer or executive board member
in the local may be a member of the committee. However, in its discretion and
subject to the approval of the GEB, a local may appoint to the committee persons
who are members in good standing of another local or who have demonstrated their
support for the objectives of UNITE by their work for the trade union movement.
Section 4. Election committee
meeting and appearance.
a)
The election committee shall meet at least ten days before the election
except with respect to an office or position which has been filled by a vote by
acclamation.
b)
A candidate who has been nominated in a local election must appear before
the committee upon its written request.
Section 5. Election committee
procedure.
The election committee shall:
a)
Examine the dues book, record, eligibility and general qualifications of
each candidate who has been nominated;
b)
Remove from the ballot any candidate who is or has been found ineligible
under this Constitution;
c)
Remove from the ballot any candidate who after a written request given
within a reasonable time has failed to appear before the committee for
examination of his or her qualifications as candidate;
d)
Conduct and supervise the elections;
e)
Decide whether a member shall vote if his or her right to do so is
challenged;
f)
Keep records of members who vote;
g)
Count and tally the vote and do so in the present;
h)
Report the result of the election at the next meeting of the executive
board; and
i)
Have such other powers as may be conferred on it by the local or its
executive board which are not consistent with this Constitution.
Section 6.
Appeal
An appeal from
a decision of the election committee or by a candidate or any other member
adversely affected by the decision. Any further appeal may be made by such
person or by the election committee itself.
Section
7. Appeal tribunals
The following procedure shall apply and be strictly and expeditiously
enforced in such appeals;
a)
If the candidacy is for a local office or position which does not serve a
joint board, district council or joint council, the first appeal shall be to the
local’s executive board. If it is not scheduled to meet promptly, or if a
significant number of is members are candidates in the election, the first
appeal shall be to the GEB.
b)
If the candidacy is for an office or position in a local which is a part
of a joint board, district council or joint council, or is for an office or
position in any such bodies, the first appeal shall be to the joint board,
district council or joint council. If, however, such organization is not
scheduled to meet promptly, or a significant number of its members are
candidates in the election, the first appeal shall be to the GEB.
c)
If it has not previously ruled on the matter, a second and final appeal
may be made to the GEB.
Section 8. Appeal procedures
a)
Appeals shall be governed by the applicable provisions of Article 20 and
21, except that each appeal from a decision must in any
case be taken within 10 days after it is issued. Where an interim or
intermediate ruling or decision in connection with an election is objected to,
appeal from such ruling or decision must be made within ten days thereafter. An
appeal from any ruling or decision not previously subject to appeal may not be
made later than ten days after such ruling or decision.
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