Article XIII
PROTEST AND APPEAL PROCEDURES;
REMEDIES; RERUN ELECTIONS
1. Right to File Protests
Any member, Local Union or other subordinate body of the International Union or the International Union may file a protest with the Election Supervisor alleging noncompliance with these Rules, or appeal to the Election Appeals Master from any decision of the Election Supervisor concerning a protest, free from any direct or indirect retaliation or threat of retaliation by any Union officer, member, candidate or independent committee, or by any other person or entity for such filing. With respect to any protest, it shall be the burden of the protestor to present evidence that a violation has occurred. No protest of any person or entity shall be considered if such person or entity, or anyone acting under their direction or control or on their behalf, caused or significantly contributed to the situation giving rise to such protest.
2. Pre-election Protests
Except as provided in Subsection (c), pre-election protests shall be processed in the following manner:
(a) Protests regarding violations of the LMRDA (including violations of the IBT Constitution) allegedly occurring prior to the date of issuance of these Rules and protests regarding any conduct allegedly occurring within the first twenty-eight (28) days after issuance of these Rules must be filed within thirty (30) days of the date of issuance, or such protests shall be waived.
(b) Except as otherwise provided in Article III, Section 5(n) of the Rules, all other pre-election protests, including, by way of example only, the following, must be filed within two (2) working days of the day when the protestor becomes aware or reasonably should have become aware of the action protested or such protests shall be waived:
(1) Protests regarding eligibility of candidates, nominators and persons seconding nominations;
(2) Protests regarding alleged failures to provide proper access to the membership, including, e.g., alleged violations of these Rules regarding access to collective bargaining agreements or worksite lists, to Union meetings and publications, or to employer premises;
(3) Protests regarding alleged improper or inequitable treatment of the candidate or his/her supporters by the Union, by any other labor organization or by an employer, including improper handling of the candidate's request for mailings by the Union, improper or inequitable denial of access to the membership or to relevant information by the Union, by any other labor organization or by an employer, and improper or inequitable aid or support, financial or otherwise, given or denied, a candidate or his/her supporters by the Union, by any other labor organization or by an employer;
(4) Protests regarding alleged improper contributions, application or use of nonmember, or employer or labor organization funds or other resources; and
(5) Protests regarding alleged improper pre-election threats, coercion, intimidation, acts of violence or retaliation for the exercise of rights protected by these Rules.
(c) The deadline for the filing of protests concerning the nomination of a candidate for International office shall be the earlier of the deadlines imposed by this Section and by Article III, Section 5(n) of the Rules.
(d) All protests concerning pre-election conduct shall be filed by sending the Election Supervisor and the Union(s) involved a clear and concise written statement of the alleged improper conduct. The Election Supervisor shall post a model protest form to use as a guide. The protest should identify by name, address and telephone number each person who or entity which is or may be a subject of the protest. The protest shall be delivered to the Office of the Election Supervisor by personal delivery, first class mail, overnight mail, email or facsimile transmission, within the time limits prescribed by these Rules and shall include the name(s), address(es), telephone number(s), email address(es), and Local Union number(s) of the protestor(s). For all protests submitted by email or facsimile transmission, the filing party should telephone the Election Supervisor’s office and request the protest clerk to confirm receipt of the protest. The protest should identify by name, address, telephone number or other available contact information, each person who or entity which may be a subject of the protest.
(e) The Election Supervisor shall provide a copy of the protest to any person who or entity which the Election Supervisor determines may be a subject of the protest, decision or remedy. Each such person or entity shall have the opportunity to present evidence and/or legal argument to the Election Supervisor.
(f) The Election Supervisor or an Election Supervisor representative shall evaluate the protest and shall:
(1) determine the merits of the protest and, if found meritorious, determine the appropriate remedy; or
(2) defer making a determination until after the election and thereby treat the matter as a post-election protest pursuant to Section 3 of this Article, as if such protest was filed on election day;
The Election Supervisor or a representative of the Election Supervisor shall determine the protest within seven (7) days of receipt, except that, for a protest filed pursuant to Section 2(a) above, the Election Supervisor shall determine the protest within twenty-one (21) days of docketing.
(g) The Election Supervisor shall have the authority to obtain, or to have the International Union obtain and provide, information necessary to assist in resolving any protest. The Union (including subordinate entities) and all members, candidates, slates and independent committees are required to cooperate with the Election Supervisor. Failure to cooperate with the Election Supervisor or Election Appeals Master (including making false statements to the Election Supervisor or Election Appeals Master) may result in referral of the matter to the Government for appropriate action under law (including the Final Order), or such other remedy as the Election Supervisor or the Election Appeals Master deems appropriate.
(h) The Election Supervisor and/or her/his representative shall notify the protestor(s), the Union(s) involved, any candidate(s) adversely affected, any person who or entity which is the subject of the protest and the Election Appeals Master of the decision or remedy within the time limit prescribed by this Section.
(i) The protestor(s), the Union(s) involved, any adversely affected candidate(s), or any other person who or entity which is aggrieved by the determination of the protest may, within two (2) working days of receipt of the decision, appeal the decision to the Election Appeals Master. The appeal shall be made in writing and shall specify the basis for the appeal. The appeal shall be delivered to the Election Appeals Master or her/his designee, the Election Supervisor and to all other parties to the dispute by personal delivery, by overnight mail, by email, or by facsimile transmission with a copy sent by regular mail immediately thereafter, within the time limit prescribed above, with a copy of the original protest attached.
(j) If no timely appeal is taken from the determination of the Election Supervisor or her/his representative, that determination shall become final and binding.
(k) The Election Appeals Master shall have the authority to conduct a hearing concerning any matter appealed to her/him or to decide the matter based on written materials submitted within a reasonable deadline established by her/him. In deciding whether to conduct a hearing, the Election Appeals Master shall consider the seriousness of the violations alleged in the protest. If the Election Appeals Master decides to conduct a hearing concerning a matter appealed to her/him, she/he shall commence and conclude the hearing within five (5) calendar days after receiving the appeal at a location and in a manner that she/he determines most appropriate to elicit fully all relevant facts and information necessary to determine the appeal. The following individuals may participate in the hearing: the protestor(s) and/or her/his representative(s); any representative(s) of the Union(s) involved; any person who or entity which is the subject of the decision or remedy involved and/or her/his/its representative(s); the Election Supervisor and/or her/his representative; the person(s) filing the appeal, if other than the protestor, and/or her/his representative; and any other person who obtains permission from the Election Appeals Master or her/his designee.
At each such hearing, the Election Supervisor or her/his representative shall present to the Election Appeals Master or her/his designee a summary of the original determination, including a statement of the facts found, the resolution reached and the basis for that resolution.
(l) Within ten (10) calendar days from the Election Appeals Master's receipt of the appeal or from the conclusion of the hearing, whichever occurs later, the Election Appeals Master or her/his designee shall issue a written decision, making whatever findings and ordering whatever relief is appropriate to resolve the appeal. The decision shall be effective upon issuance. In issuing a decision concerning matters appealed under these Rules, the Election Appeals Master shall give due consideration to any time exigencies that may be brought to her/his attention by the parties. The Election Appeals Master's decision shall be sent to the protestor(s), the Union(s) involved, the Election Supervisor, any candidate(s) adversely affected by the decision, any person who or entity which is the subject of the appeal decision or remedy and any other person who or entity which, with permission of the Election Appeals Master, participated in the appeal.
3. Post-election Protests
Protests concerning election day or post election day conduct ("post-election protests") shall be processed in the following manner:
(a) Protests regarding any alleged improper election day or post-election conduct or event must be filed:
(1) within three (3) working days of the posting of the official election tally sheet, when involving any delegate election,
(2) within fifteen (15) days of the announcement of the election results, when involving the International Officer election; or
(3) within two (2) working days of the date when the protestor becomes aware or reasonably should have become aware of the action protested, when involving alleged improper post-election threats, coercion, intimidation, acts of violence or retaliation or the exercise of rights protected by these Rules.
If the above time limits are not met, the protest shall be waived.
(b) Post-election protests shall only be considered and remedied if the alleged violation may have affected the outcome of the election, except that any timely protest alleging improper threats, coercion, intimidation, acts of violence or retaliation for exercising any right protected by these Rules shall be considered and remedied without regard to whether the alleged violation affected the outcome of an election.
(c) All post-election protests shall be filed by sending the Election Supervisor and the Union(s) involved a clear and concise written statement of the alleged improper conduct, including a statement explaining how such conduct may have affected the outcome of the election. Such statement shall be delivered to the Office of the Election Supervisor and the Union(s) involved by personal delivery, first class mail, overnight mail, email or facsimile transmission, within the time limits prescribed by Subsection 3(a) above and shall include the name(s), address(es), email address(es), telephone number(s), and Local Union number(s) of the protestor(s). For all protests submitted by email or facsimile transmission, the filing party should telephone the Election Supervisor's office and request the protest clerk to confirm receipt of the protest. The protest should identify by name, address and telephone number or other available contact information, each person who or entity which may be a subject of the protest.
(d) The Election Supervisor shall provide a copy of the protest to any person who or entity which the Election Supervisor determines may be a subject of the protest, decision or remedy. Each such person or entity shall have the opportunity to present evidence and/or legal argument to the Election Supervisor.
(e) The Election Supervisor or a representative of the Election Supervisor shall evaluate the protest and, within ten (10) days of the filing of a protest under Subsection 3(a)(1) above (concerning a delegate election), within seven (7) days of the filing of a protest under Subsection 3(a)(3) above (concerning retaliation) or within fifteen (15) days of the filing of a protest under Subsection 3(a)(2) above (concerning the International Election), shall determine the merits of the protest and, if found meritorious, determine the appropriate remedy.
The Election Supervisor or a representative of the Election Supervisor shall notify the protestor(s), the Union(s) involved, any candidate(s) adversely affected, any person who or entity which is the subject of the decision or remedy and the Election Appeals Master of her/his decision within the time limits prescribed above.
(f) The protestor(s), the Union(s) involved, any adversely affected candidate(s), or any other person who or entity which is aggrieved of the determination of the protest may, within three (3) working days after receipt of the decision, appeal the decision to the Election Appeals Master. The appeal shall be made in writing and shall specify the basis for the appeal. The appeal shall be delivered to the Election Appeals Master or her/his designee, the Election Supervisor and to all other parties to the dispute by personal delivery, by overnight mail, electronic mail, or by facsimile transmission with a copy sent by regular mail immediately thereafter, within the time limit prescribed above, with a copy of the original protest attached.
(g) If no timely appeal is taken from the determination of the Election Supervisor or her/his representative, that determination shall become final and binding.
(h) The Election Appeals Master shall have the authority to conduct a hearing concerning any postelection matter appealed to her/him or to decide the matter based on written materials submitted within a reasonable deadline established by her/him. In deciding whether to conduct a hearing, the Election Appeals Master shall consider the seriousness of the violations alleged in the protest. If the Election Appeals Master decides to conduct a hearing concerning any post-election matter appealed to her/him, she/he shall commence and conclude the hearing within five (5) calendar days of receipt of the appeal on a protest filed under Subsection 3(a)(1) above (concerning a delegate election) or under Subsection 3(a)(3) above (concerning retaliation) or within fifteen (15) days after receipt of an appeal on a protest filed under Subsection 3(a)(2) above (concerning the International election) at a location and in a manner that she/he determines most appropriate to elicit fully all relevant facts and information necessary to determine the appeal within the prescribed time period. The following individuals may participate in the hearing: the protestor(s) and/or her/his representative(s); any representative(s) of the Union(s) involved; any person who or entity which is the subject of the decision or remedy involved and/or her/his/its representative(s); the Election Supervisor and/or her/his representative; the person(s) filing the appeal, if other than the protestor and/or her/his representative; and any other person who obtains permission from the Election Appeals Master or her/his designee.
At each such hearing, the Election Supervisor or her/his representative shall present to the Election Appeals Master or her/his designee a summary of the original determination, including a statement of facts found, the resolution reached and the basis for that resolution.
(i) Within ten (10) calendar days from the Election Appeal Master's receipt of the appeal from a decision or from the conclusion of a hearing concerning a protest filed under Subsection 3(a)(1) above (concerning a delegate election) or under Subsection 3(a)(3) above (concerning retaliation), whichever occurs later, or within fifteen (15) calendar days after the Election Appeals Master's receipt of an appeal from or from the conclusion of a hearing concerning a protest filed under Subsection 3(a)(2) above (concerning the International election), whichever occurs later, the Election Appeals Master or her/his designee shall issue a written decision, making whatever findings and ordering whatever relief is appropriate to resolve the appeal. The decision shall be effective upon issuance. In issuing a decision concerning matters appealed under these Rules, the Election Appeals Master shall give due consideration to any time exigencies that may be brought to her/his attention by the parties. The Election Appeals Master's decision shall be sent to the protestor(s), the Union(s) involved, the Election Supervisor, any candidate(s) adversely affected by the decision, any person who or entity which is the subject of the appeal decision or remedy and any other person who or entity which, with permission of the Election Appeals Master, participated in the appeal.
4. Remedies
If as a result of any protest filed or any investigation undertaken by the Election Supervisor with or without a protest, the Election Supervisor determines that the Rules have been violated or that any other conduct has occurred which may prevent or has prevented a fair, honest, open and informed election, the Election Supervisor may take whatever remedial action is appropriate. Such remedial action may include, without limitation:
(a) placing, replacing, or removing the name of any nominee from the ballot;
(b) adding or removing any candidate from a slate;
(c) qualifying or disqualifying any member from seeking any delegate, alternate delegate or International Officer position;
(d) qualifying or disqualifying any member from voting;
(e) altering or rescinding internal union discipline;
(f) reinstating or removing a member's good standing status;
(g) requiring or limiting access;
(h) requiring the Union to mail or otherwise distribute, at its own expense, candidate campaign materials;
(i) mailing or otherwise distributing candidate campaign materials;
(j) requiring the Union to hold meeting(s) and prescribing the content of such meetings);
(k) requiring the return of campaign contributions;
(l) requiring reimbursement for goods or services;
(m) requiring the Union to provide candidate(s) with specific goods or services;
(n) designating or altering the method(s) for nomination or voting;
(o) establishing or altering the time method(s) or location(s) for ballot counting;
(p) qualifying persons other than her/his representatives, and whether or not Union members, to serve as observers;
(q) disqualifying observers;
(r) ordering entry for observers and regulating the number and conduct of observers;
(s) permitting or barring any delegate from participating in the Convention nomination process;
(t) certifying or refusing to certify the results of any election;
(u) ordering the rerun of any nomination or election, or any portion thereof, and requiring the Union or a Union member to pay for distribution of election materials;
(v) conducting any nomination or election, or any portion thereof;
(w) requiring immediate compliance with these Rules, or any portion thereof; and
(x) requiring reinstatement of an employee or rescission of other disciplinary penalties.
5. Publication of Decisions
Decisions of the Election Supervisor on protests, and decisions of the Election Appeals Master, shall be made available on the Election Supervisor’s website.
6. Rerun Elections
Should the Election Supervisor refuse to certify any election, he/she shall then immediately order that a rerun election be held, including, if necessary, the rerunning of the nomination process.