1818 Boline v. UAW International Executive Board

The Board applies a presumption that all elections conducted by a local union are valid.  To rebut this presumption, a challenger must show by clear and convincing evidence that some improper practice occurred to such a degree that it could have affected the outcome of the election.  That showing has been made in this case.  Article 6, §19 of the UAW International Constitution prohibits retirees from voting for Bargaining Chairpersons.  The Interpretations of the Constitution in Article 6, §19(2) creates a limited exception to this general rule in the case of an amalgamated local, provided that the local’s bylaws establish a substantial complement of officers for each unit within the local.  Although Local 1237 is constituted as an amalgamated local, its Bylaws do not provide for a substantial complement of officers for different units within the Local.  While it appears that Local 1237 may have permitted retirees to vote upon Bargaining Chairpersons in the past, the IEB correctly concluded that the most recent election was not conducted in accordance with the Constitution.  Permitting retirees to vote was plainly an improper election practice.  In this case, retirees cast a sufficient number of ballots to have affected the outcome of the election for Bargaining Chairperson.  Therefore, the IEB appropriately ordered a rerun of the entire election for Bargaining Chairperson including all five original nominees.