Election appeals

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 ...

In the case of an appeal to the International Executive Board (IEB) from the decision of a Local Union, the time limit is 30 days under Article 33 of the International Constitution.  Appellants acknowledge that they did not file an appeal within 30 days of when they received notice that ...

The PRB 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.  Appellant’s primary claim ...

The Local Election Committee correctly determined that Appellant was ineligible to run for office.  The Local Bylaws require one year of continuous membership in good standing immediately prior to nominations in order to be eligible to run for Committeeperson.  As a terminated employee, Appellant had two options under the UAW ...

In election cases, 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.  In this case, Appellant has not established that any election violations occurred.  Appellant’s primary complaint is that he was ...

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 ...

The UAW has a long-standing policy barring retired members from holding union offices which require bargaining or grievance handling under a local’s bylaws or collective bargaining agreements.  The Local 723 Bylaws state: “The Financial Secretary-Treasurer is to assist the Unit Chairperson in processing and expediting grievance procedures.”  On its face, ...

The PRB fully addressed the question whether a retiree is eligible to run for Financial Secretary-Treasurer of Local 723 in its decision in Rhoden v. UAW Local Union 723 Executive Board, PRB Case No. 1834, issued this same date.  Appellant in this case seeks the same relief and has raised ...

The PRB has for many years applied an established standard of review in appeals challenging election results, based on the 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 ...

The Local 2209 Election Committee found Appellant ineligible to run on two grounds: (1) the requirement under Paragraph 17 of the UAW-GM National Agreement that an individual’s name must appear on the applicable seniority list to be eligible to serve as a committeeperson; and (2) the Interpretations of the Constitution ...