1732 Reichle v. UAW Local Union 400 Joint Council
Case No: 1732
Reichle has compiled a list of potential problems and asks us to infer election misconduct from them. There is a presumption that all elections conducted by a local union are valid, and in order for a challenger to rebut that presumption, it must be shown by clear and convincing evidence that some improper practice occurred to such a degree that it could have affected the outcome of the election. The possibility of misconduct does not in any way suggest that it occurred. Reichle’s complaints about challengers and polling hours are issues that had to be raised prior to the election when they could be addressed. Reichle made a plausible argument for keeping the union hall voting site open past 5:30 p.m. so that retired members could vote in the evening, but he cannot have expected the election committee to anticipate that argument. The polling hours were announced in advance of the election. That was the time to present this argument. It is too late to raise these kinds of objections once the results of the election are known.