1667 Justice v. Local Union 900

Justice complains that temporary part-time employees affected the outcome of the election, but there would be nothing improper in that if they were, in fact, eligible to vote.  Justice’s failure to challenge the eligibility of these voters precludes him from raising the issue in a post-election challenge.  This Board has consistently rejected post-election challenges based on claims of voter ineligibility.

Regional Director Rory Gamble investigated Justice’s complaint about Chairperson Stockdale’s decision to eliminate one of the bargaining committee positions in the ISA Unit just prior to the election.  He found that the action did not violate the Local Union bylaws because it was completed thirty days prior to the close of nominations. With the elimination of the midnight shift, Chairperson Stockdale determined that it was more efficient to have only two bargaining representatives in the Unit.  The only limitation on the Chairperson’s authority to make these kinds of decisions is Article 4, §18(e), of the Local Union bylaws which requires the Plant Chairperson to set the districts at least thirty days prior to nominations for District Committee positions.  So, while the decision may well have affected the outcome of the election, it was not improper.