Protecting labor: How does the UFT measure up?
Office of Labor-Management Standards (OLMS)
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Electing Union Officers
Contents
Title IV of the Labor-Management Reporting and Disclosure Act of 1959, as Amended (LMRDA or the act) establishes election procedures that must be followed by all unions covered by the act, regardless of whether their constitution and bylaws so provide. The act does not spell out detailed procedures; rather, it sets minimum requirements. Beyond this, elections are to be conducted according to the constitution and bylaws of each union, as long as the union's rules do not conflict with the provisions of the act.
The LMRDA applies primarily to unions that represent employees in private industry. Under sec. 1209 of the Postal Reorganization Act, unions of U.S. Postal Service employees are also subject to the LMRDA. Most unions of other Federal Government employees are subject to the standards of conduct provisions established in 5 U.S.C. 7120 by the Civil Service Reform Act of 1978 (CSRA). Regulations implementing these provisions have been issued by the Assistant Secretary for Employment Standards in Parts 457-459 of Title 29 of the Code of Federal Regulations (29 CFR Parts 457-459). Sec. 458.29 of the regulations applies the substantive election requirements of title IV of the LMRDA to unions subject to the CSRA, but the regulations establish a different method of enforcing these substantive requirements. (For a more detailed discussion of the unions that are covered by the CSRA, see the pamphletRights and Responsibilities under the LMRDA and the CSRA or Reports Required under the LMRDA and the CSRA.)
The election requirements are not applicable to unions that are subject to neither the LMRDA nor the CSRA, such as unions composed entirely of employees of States and subordinate governmental units such as counties and cities.
The election provisions in title IV apply to national and international unions, except federations of these unions such as the AFL-CIO; to intermediate bodies such as general committees, conferences, system boards, joint boards, or joint councils; and to local unions. These provisions, however, do not apply to State and local central bodies, which are excluded from coverage under the act.
A "mixed" local-one that contains both covered and noncovered members-is subject to the act. An international or national union or an intermediate body that has any mixed or covered locals is likewise subject to the act. Further, while the election requirements generally do not apply to a local union composed entirely of government employees not covered by the act, there is an important exception: When such a local participates in the election of officers of its parent union which is subject to the election requirements, then the title IV election procedures must be followed. The same is true in the case of the election of delegates who elect officers of a national or international union or of an intermediate body covered by the act. A local union composed exclusively of city maintenance employees, for instance, would be required to elect, by secret ballot, delegates to a convention of its international union who participate in the election of the international officers, if the international is subject to the act.
Although the act is limited to the activities of persons and organizations within the territorial jurisdiction of the United States, an international union or intermediate body is not exempt from requirements of the act by virtue of the participation of its foreign locals or foreign membership in its elections. For example, votes received from Canadian members in referendum elections held by an international union with headquarters in the United States must have been cast under procedures meeting the requirements of the act, and delegates from Canadian affiliates participating in conventions where officers of the international body are to be elected must have been elected by secret ballot.
The act requires that all officers be elected. But what does "officer" mean? The act defines the term as "any constitutional officer, any person authorized to perform the functions of president, vice president, secretary, treasurer, or other executive functions of a labor organization, and any member of its executive board or similar governing body." A constitutional officer is any person holding a position identified as an officer by the constitution and bylaws of the union. All constitutional officers must be elected, even if they do not perform any executive functions. The major union offices (the president, vice president, secretary, treasurer, and members of executive boards or similar governing bodies) must be filled by election. In addition, any person who has executive or policymaking authority or responsibility must be elected even though he may not occupy a position identified as an officer position under the union's constitution and bylaws.
Most shop stewards, for example, are not required to be elected because they normally do not exercise executive functions. However, a shop steward would qualify as an officer (and thus become subject to the act's election requirements) if he were so designated in the union's constitution or if, as a steward, he were a member of the union's executive board. In many cases the business agent or business representative of a union has duties that result in his position falling within the definition of "officer." For example, if he has primary responsibility for the control and management of the union's funds and fiscal operations, he would be considered an officer for purposes of the act.
In addition, any delegate who votes for officers of a national or international union or an intermediate body, such as a conference or a council, must be elected by secret ballot among the members in good standing of the union he represents. If the constitution and bylaws state that one of the functions of a particular elected officer is to be a delegate who votes for officers, a special election of that officer to be a delegate is not necessary if the officer has been elected by secret ballot among the members in good standing of the union he represents.
While all union officers, including members of executive boards or similar governing bodies, must be elected, the act provides a choice for some types of unions between direct secret ballot elections by the members and indirect elections by delegates or officers representing the members.
Thus, officers of a local union must be elected directly by secret ballot among the members in good
standing. Officers of a national or international union, on the other hand, may be elected either by secret ballot among the members in good standing or at a convention of delegates chosen by secret ballot. Officers of an intermediate body may be elected either by secret ballot among the members in good standing of the constituent unions, or by officers of the constituent unions who represent the members and who have been elected by secret ballot.
Professional and other staff members of a union need not be elected if they do not determine policy but are employed only to carry out the union's policy decisions. These persons are subject to the control and direction of the elected officials, and the act does not require such professional or other staff members to be elected.
The act does not require elections for union officials who do not perform executive functions, are not officers under the constitution and bylaws, and are not members of the executive committee or similar governing body of the union. However, the union's constitution and bylaws may require that such positions be filled by election. In this case, the procedures of title IV need not be followed since the holders of these kinds of positions are not considered officers under the act.
When a union is under trusteeship, it is unlawful under sec. 303 of the act and 29 CFR 458.27 to count votes of delegates of the trusteed union in any convention or election of officers of the parent international union or an intermediate body unless the delegates have been chosen by secret ballot in which all members in good standing of the trusteed union were eligible to vote.
The act does not require that a trusteed union be represented by delegates at a convention of its parent union. However, it may send delegates with full voting powers if they have been elected by a secret ballot election in which all members in good standing were eligible to vote. The trusteed union may also send delegates not elected by secret ballot, but it would be unlawful to count votes cast by these delegates in any election of the parent union officers or on any issue or other resolution presented to the convention.
When a regular election or an election for the purpose of terminating the trusteeship is held during the trusteeship period, the election safeguards of title IV must be applied.
The maximum period allowable between regular elections of officers is stated explicitly in the act. Elections must be held as often as required by the union's constitution and bylaws, but-
- At least every 5 years in all national and international unions;
- At least every 4 years in all intermediate bodies such as general committees, system boards, joint boards, joint councils, and conferences; and
- At least every 3 years in local unions.
These periods are measured from the date of the last election. These requirements do not prohibit incumbent officers from being reelected at the end of their terms of office.
Frequently during the term of office, a union official will resign or a vacancy will occur for some other reason, such as the death of the incumbent. The act is silent on the specific point of what should be done in filling the unexpired term of office. A union may therefore fill such a vacancy by using the procedure provided in its constitution and bylaws. The procedure should comply with the general standards of union procedure set forth in title I (the bill of rights) of the LMRDA or 29 CFR 458.2. The provisions of sec. 504 of the LMRDA, which prohibits persons convicted of certain crimes from holding office for up to 13 years after their conviction or release from imprisonment, also apply to the filling of vacancies, as do the prohibitions of 29 CFR 458.36 for unions subject to the CSRA.*
May a local union elect its officers every year? Yes. The act specifies the longest time intervals permitted between elections. They must be held more often if this is provided for in the union's constitution and bylaws.
May the executive committee appoint delegates to the international convention when one of the delegates' duties is to vote in the election of international officers? No. They must be elected by secret ballot among the members in good standing.
Must shop stewards be elected by secret ballot? Not ordinarily, but they must be elected by secret ballot if they exercise executive functions within the local, if they are designated as officers by the constitution and bylaws, or if they serve on the executive board or a similar governing body.
Must the chief shop steward be elected by secret ballot? If he is a constitutional officer or a member of the executive committee by virtue of being chief shop steward, or if he exercises executive functions within the local, he must be elected by secret ballot.
Must the sergeant-at-arms be elected by secret ballot? If the holder of this position is designated an officer by the constitution and bylaws, if he performs any executive functions, or if he is a member of the local union's executive committee by virtue of being sergeant-at-arms, he must be elected by secret ballot.
May the officers of a local be authorized to represent the local at conventions of the parent body by virtue of their election to office, or must the delegates be elected specifically for each convention? The constitutional duties of an officer may include representing the local as a delegate to conventions of the parent body. When this is the case and the officer has been nominated and elected in accordance with the requirements of title IV, his election as an officer fulfills the requirement that convention delegates be elected by secret ballot, and no separate election as a delegate is required. Ballots used in the election for such an officer should contain a statement to the effect that the officer, by virtue of his election to office, will serve as a convention delegate.
- All officers of local unions must be elected by secret ballot among the members in good standing.
- All members of executive boards or similar governing bodies of local unions must be elected by secret ballot among the members in good standing.
- All delegates to conventions of national or international unions or to intermediate bodies must be elected by secret ballot among the members in good standing if the delegates are to vote in the election of officers of the national or international unions or intermediate bodies.
- All officers of national or international unions and of intermediate bodies must be elected either directly by secret ballot among the members or indirectly through representatives elected by secret ballot.
- Professional and other staff members who do not determine policy and who are subject to the control of elected officials need not be elected.
- Officers must be elected at least every 3 years in local unions, at least every 4 years in intermediate bodies, and at least every 5 years in national and international unions.