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Tuesday, January 6, 2015

ATU 757 Bylaw change going down to defeat it appears

Chris Day
If you follow this blog you are aware that there was a motion made to end plurality voting.
Plurality voting means that whoever has the most votes wins the election. A majority is not necessary.
The proposal was for a runoff election between the 2 top candidates if no one had a clear majority after the votes were counted.
Plurality voting always favors incumbents by the way.

It appears the executive board did not support this proposal.
 One of the arguments against it is that it is violation  of the International by-laws.

Our Friend Chris Day, (also lead plaintiff  in the Margulies Vs Trimet case) has done some additional research that challenges that position.




Memorandum - Issue: Requiring run-off elections

1. The provisions of the International Constitution supersede local bylaws. The International Constitution, Section 14.1 requires that local elections be "held" in June and completed by no later than June 25th. The newly elected candidate must take office on July 1st. "Held" is interpreted to mean that ballots must be counted in June. Given the Department of Labor requirements of at least 20 days between when a ballot is sent and the ballots are counted, scheduling a run-off election would be extremely difficult since the printing and mailing process takes 3 days minimum and could not be begun until it is known if and, what, run-off election was needed.

SEC. 14 ELECTION OF LOCAL UNION OFFICERS:
14.1 When Held. All LUs shall elect officers for terms of three (3) years which shall run concurrently, beginning with the new term. Their term shall continue until such time as their successors are elected or on the first (1st) of January or the first (1st) of July following the election of officers. Such elections shall be held either in June or December, as the LU so elects, and such elections shall take place on or before the

twenty-fifth (25th) of June or the twenty-fifth (25th) of December, as the LU may determine, in order that officers will be properly elected before the expiration of
the term. Newly elected officers shall assume the duties of their offices on the first (1st) of January or the first (1st) of July following their election, irrespective of their installation date. Installation of officers shall take place at the first meeting following announcement of the election results.

Dear Brothers and Sisters,
Today I just attended are charter meeting and I am concerned about some information that is being presented to the membership about the bylaws change. 
Our Officers are recommending a "No" vote stating that it would violate international laws and doubles the cost of elections. 
Above is part of a memorandum that was presented to the membership. 
Below that is a copy of section 14.1 of our International Constitution and General Laws. 
The reason I have presented both to you is because I feel some information is not being presented accurately. 
Members are voting based on information provided and if the information is not correct then the membership may be miss lead in to voting down something that they actually want.
In the memorandum it is stated that the word "held" is interpreted to mean that ballots must be counted in June. 
OK I can go with that. Then it states "and completed by no later than June 25th.
Here is where I have a problem. 
The memorandum is talking about International Constitution and General Laws section 14.1 and though it is not quoting the section it is implying that elections must be completed by that date.  
Section 14.1 actually states "elections shall take place on or before the twenty-fifth (25th) of June or the twenty-fifth (25th) of December, as the LU may determine, in order that officers will be properly elected before the expiration of the term." 
So as long as the elections take place on or before the twenty-fifth and the officers are properly elected before July 1st then we are in compliance with International. 
There is nothing saying that elections must be completed on the 25th.

So with our current bylaws change request it could work with in the International laws as long as the first voting process is done June 1st and the run-off is mailed out by June 5th making sure final votes are counted June 25th.

This is my view and I feel that what is currently being presented to our membership is just pushing us away from allowing the change to happen. Our member are entitled to more accurate information rather then just being told we are in violation of International regulations.

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