1675 Lovejoy v. Local Union 898

Case No: 1675


Article 38 of the UAW Constitution sets forth the rules governing the election of officers in UAW Local Unions.  These rules are not subject to waiver or modification for the sake of expediency.  The Rawsonville employees working outside the jurisdiction of Local Union 898 in 2011 did not receive the notice required by Article 38, §2 of the UAW Constitution of their right to accept nomination to run for office in the Local Union 898 triennial election when such nomination could still be accepted.  These members were effectively deprived of their right to run for office in any local union election during the 2011 election cycle.  However, a new election at this point would not correct the errors that were made.  The best remedy here is to recognize the mistake so that similar violations can be avoided in the future.  When extraordinary measures are taken altering well-established and familiar rules regarding the conduct of elections, the IEB has an affirmative duty to inquire whether strategies adopted to deal with specific unique situations may adversely affect the rights of union members or violate the ethical principles historically embraced by the UAW.