1840 Sharpe v. UAW Local Union 723

Local union elections carry a presumption of validity.  To overcome this presumption, an appellant must provide clear and convincing evidence that an election violation occurred which could have affected the outcome of the election.  Appellant has not met this standard.  Appellant’s complaint that the Election Rules distributed by the Election Committee did not advise candidates regarding some of their campaign rights under federal law does not state an election violation.  The Local Election Committee was not under an affirmative obligation to advise candidates regarding the provisions of federal law.  Appellant’s complaint that various statements were made during the campaign which criticized or vilified him also does not state an election violation.  In addition, no evidence was presented that Union funds were used for campaign purposes or that the statements could have impacted the result of the election.