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Slate Voting. Members at Reasonable Times, Unless the Form of the Ballot Is Not Pre- Copies of the Report Are Made Available

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Slate Voting. Members at Reasonable Times, Unless the Form of the Ballot Is Not Pre- Copies of the Report Are Made Available Ofc. of Labor-Management Standards, Labor § 452.112 (b) The right to have an observer at paper, or by any procedure which al- the polls and at the counting of the lows any member to obtain the infor- ballots extends to all candidates for of- mation without unusual effort. Of fice in an election subject to title IV, course, the counting and reporting i.e., this includes elections in inter- should account for all ballots cast in mediate bodies as well as elections in the election, although only valid votes locals and national and international will be counted in determining the suc- labor organizations. cessful candidates. (c) In any secret ballot election which is conducted by mail, regardless § 452.109 Constitution of labor organi- of whether the ballots are returned by zation. members to the labor organization of- Elections must be conducted in ac- fice, to a mail box, or to an inde- cordance with the constitution and by- pendent agency such as a firm of cer- laws of the organization insofar as they tified public accountants, candidates are not inconsistent with the provi- must be permitted to have an observer sions of title IV. 53 present at the preparation and mailing of the ballots, their receipt by the § 452.110 Adequate safeguards. counting agency and at the opening (a) In addition to the election safe- and counting of the ballots. guards discussed in this part, the Act (d) Paying election observers is the contains a general mandate in section responsibility of the candidate they 401(c), that adequate safeguards to in- represent unless the union has a rule sure a fair election shall be provided. providing for the payment of observers. Such safeguards are not required to be If the union does have such a rule, it included in the union’s constitution must be uniformly applied to all can- and bylaws, but they must be observed. didates. A labor organization’s wide range of discretion regarding the conduct of § 452.108 Publication of results. elections is thus circumscribed by a In any election which is required by general rule of fairness. For example, if the Act to be held by secret ballot, the one candidate is permitted to have his votes cast by members of each local nickname appear on the ballot, his op- labor organization must be counted, ponent should enjoy the same privi- and the results published, separately. 52 lege. For example, where officers of an inter- (b) A union’s failure to provide voters mediate body are elected directly by with adequate instructions for properly members, the votes of each local must casting their ballots may violate the be tabulated and published separately. requirement of adequate safeguards to The publishing requirement is to as- insure a fair election. sure that the results of the voting in each local are made known to all inter- § 452.111 Campaigning in polling ested members. Thus, the presentation places. of the election report at a regular local There must not be any campaigning membership meeting, and the entry of within a polling place 54 and a union the report in the minutes, would nor- may forbid any campaigning within a mally accomplish this purpose in a specified distance of a polling place. local election. Such minutes would have to be available for inspection by § 452.112 Form of ballot; slate voting. members at reasonable times, unless The form of the ballot is not pre- copies of the report are made available. scribed by the Act. Thus, a union may, In an election that encompasses more if it so desires, include a proposed than one local, publication may be ac- bylaw change or other similar proposal complished by posting on appropriate bulletin boards, or in a union news- 53 Act, sec. 401(e). Under 29 CFR 402.10, a labor organization is required to make avail- 52 Act, sec. 401(e). See also Senate Report able to all members a copy of its constitu- 187, 86th Cong. 1st sess., p. 47; Daily Cong. tion and bylaws. Rec. p. 13682, Aug. 3, 1959, and p. A6573, July 54 See Hodgson v. UMW, 344 F.Supp. 17 29, 1959. (D.D.C. 1972). 199 VerDate Mar<15>2010 11:27 Jul 23, 2010 Jkt 220110 PO 00000 Frm 00209 Fmt 8010 Sfmt 8010 Y:\SGML\220110.XXX 220110 erowe on DSK5CLS3C1PROD with CFR § 452.113 29 CFR Ch. IV (7–1–10 Edition) on a ballot along with the candidates § 452.116 Determining validity of bal- for office so long as this is permissible lots. under the union’s constitution and by- Generally, a labor organization has a laws. A determination as to the posi- right to establish reasonable rules for tion of a candidate’s name on the bal- determining the validity of ballots cast lot may be made by the union in any in an election. However, where the reasonable manner permitted by its union has no published guides for de- constitution and bylaws, consistent termining the validity of a voted bal- with the requirement of fairness and lot, it must count any ballot voted in the other provisions of the Act. For ex- such a way as to indicate fairly the in- ample, candidates may be listed ac- tention of the voter. An entire ballot cording to their affiliation with a par- may not be voided because of a mistake ticular slate. However, while ‘‘slate made in voting for one of the offices on voting’’ is permissible, the balloting the ballot. must be consistent with the right of § 452.117 Majority of votes not re- members to vote for the candidates of quired for election. their choice. Thus, there must be pro- vision for the voter to choose among A labor organization may by its con- individual candidates if he does not stitution and bylaws provide for the wish to vote for an entire slate. To election of the candidate who receives the greatest number of votes, although avoid any misunderstanding in this re- he does not have a majority of all the gard, the voting instructions should votes cast. Alternatively, it may pro- specifically inform the voter that he vide that where no candidate receives a need not vote for an entire slate. majority of all the votes cast, a run-off election be held between the two can- § 452.113 Sectional balloting. didates having the highest vote. Simi- The ballots may be prepared so that larly, a labor organization conducting the names of candidates for positions an election to choose five members of representative of a particular area ap- an executive board may designate as pear only on the ballots received by elected from among all the nominees members living in that area. the five candidates who receive the highest vote. § 452.114 Write-in votes. § 452.118 Local unions agents in inter- Where write-in votes are permitted in national elections. an election subject to title IV, details of the format of the ballot are left to An international union may establish the discretion of the union. Ordinarily, internal rules which require local or in- the Secretary would become involved termediate union officials to act as agents of the international in con- in such matters only in the context of ducting designated aspects of the inter- an election complaint under section 402 national referendum election of offi- and then only if the arrangements for cers. The consequences of the failure to write-in votes were so unreasonable perform as directed by such officials that the outcome of the election may will, of course, depend on the totality have been affected. Of course, a union of the circumstances involved. may, in accordance with its constitu- tion and bylaws or as a matter of stat- § 452.119 Indirect elections. ed policy, refuse to permit write-in National or international labor orga- votes. nizations subject to the Act have the option of electing officers either di- § 452.115 Distribution of ballots. rectly by secret ballot among the mem- So long as secrecy of the ballot is bers in good standing or at a conven- maintained, there is no restriction on tion of delegates or other representa- how the ballots are distributed to the tives who have been elected by secret voters. Any method which actually ballot among the members. Inter- provides each eligible voter with one mediate labor organizations subject to blank ballot would be in conformance the Act have the option of electing of- with the law. ficers either directly by secret ballot 200 VerDate Mar<15>2010 11:27 Jul 23, 2010 Jkt 220110 PO 00000 Frm 00210 Fmt 8010 Sfmt 8010 Y:\SGML\220110.XXX 220110 erowe on DSK5CLS3C1PROD with CFR.
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