1854 Sandoval v. International Union, UAW

Case No: 1854


To warrant overturning an election’s results and conducting a rerun, two requirements must be met: (1) an election rule violation must be firmly established; and (2) there must be clear and convincing evidence that the violation could have affected the outcome of the election.  Appellant’s primary argument is that members of his unit were disadvantaged because they were not permitted to vote at their worksite.  The Board agrees with Appellant that it would have been preferable for the Election Committee to conduct onsite voting for members of the unit, in accordance with the practice in prior elections, once the employer changed its initial position on the matter.  Nevertheless, we do not find an election violation warranting a rerun in this case.  The Constitution requires that all members have a reasonable opportunity to vote.  Although the voting arrangements were not optimal, there is no evidence to suggest that unit members did not have a reasonable opportunity to vote.