1789 Willoughby v. IEB

Case No: 1789

2019

The IEB correctly set aside the results of the runoff election conducted by the Local Union on May 8, 2018. The applicable documents in the record establish that no runoff election for the position of local union chief steward should have been conducted. Article XI, Section 11 of the Local Union 1472 bylaws provides that the election of stewards shall be determined by a plurality of the votes cast. The membership could take affirmative action—such as adopting a rule or bylaw—requiring a majority vote to elect other officers, but that has not happened in this case. The membership has never taken the requisite affirmative action to require that the local union’s chief steward must be elected by majority vote. The Constitution specifies that the rule must be adopted by an affirmative action of the membership, so even a well-established past custom or practice would not be sufficient to establish the rule.