1603 Carthon v. Local Union 2297

It was error for the Local Union President to refuse to allow the membership to vote on the protests. The language of Article 38, §11, that he referred to as support for this decision only applies where membership meetings have been suspended for the summer months in accordance with Article 37, §4(c), of the Constitution. The error does not require a new election, however. Appellant’s allegations about the Local Union’s inability to determine voter eligibility were not raised until after the results of the initial election were posted and the voting in the run-off election had already taken place. This Board has consistently rejected post-election challenges based on claims of voter ineligibility. Furthermore, there is no evidence that a large number of eligible voters did not receive notice of the election. Appellant had access to the Local Union’s mailing list prior to the election and he raised no objection to it.

Appellant’s request for reconsideration was denied.