1705 Patenaude and McGrath v. Local Union 2322

There is a well-established presumption regarding the union’s internal review of election protests that all elections conducted by a local union are valid. In order to rebut the presumption, it must be shown by clear and convincing evidence that some fraud or impropriety occurred to such a degree as to have affected the outcome of the election. Appellants’ arguments in support of their appeal to this Board would turn this presumption around. They insist that the successful candidates should be called upon to prove that no impropriety occurred in order to validate their elections. Appellants complain about members’ support for their opponent as if that in itself were a violation of election procedures. We have recognized the right of all members, incumbents and challengers alike, to campaign vigorously during local union elections. Appellants have not established the existence of any violations of the UAW’s rules governing elections that could have affected the outcome of the races for president or sergeant-at-arms of Local Union 2322.