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UAW Constitution -- Local Union Officers

ARTICLE 38

Section 1. Each Local Union shall have the following Executive Officers: President, Vice President or Vice Presidents, Recording Secretary, Financial Secretary, Treasurer, three (3) Trustees, Sergeant-at-Arms and Guide. Should one or more of these officers be absent, the absent officer(s) shall be temporarily replaced by the next officer present, following the above order of hierarchy.

Section 2. The election of Local Union Executive Officers shall take place by secret ballot during May and June and installation shall take place at the regular meeting following the election, except as otherwise authorized by the International Executive Board. After the deadline on accepting nominations has expired, no election of so-called "sticker" or "write-in" candidates shall be considered legal. Election of all Local Union Executive Officers shall require a majority of the votes cast for the office. The membership shall be duly notified at least seven (7) days in advance of the time and place of nominations. A notice containing both the time and place of elections and the time and place of any possible run-off election, shall be given at least fifteen (15) days in advance of the election. At least seven (7) days shall elapse between the time of nominations and the date the election shall take place.

The Executive Officers and all other elected officials of Local Unions and units of Amalgamated Local Unions (except Stewards and Committee-persons, who are subject to Article 45) who are elected following the 24th Constitutional Convention shall serve for a three (3) year term.

Section 3. No member shall be eligible for election as an Executive Officer of the Local Union until s/he has been a member in continuous good standing in the Local Union for one (1) year immediately prior to the nomination, except in the case of a newly organized Local Union.

Section 4. Eligibility for election to other Local Union offices, committees, etc., shall be determined by the Local Union.

Section 5. The Executive Board of each Local Union shall consist of all the elected Local Union Executive Officers and such Members-at-Large as the Local Union may deem necessary. The election of any such Executive Board Members-at-Large, whether directly elected thereto or holding membership thereon as the result of election to some other office or position, shall be by secret ballot with the same notice procedures a set forth in Section 2 of this Article. Executive Board Members-at-Large shall be elected by plurality vote, unless the Local Union membership by affirmative action requires a majority vote.

Section 6. It shall be the duty and obligation of all Local Union officers and Executive Board Members and all other official representatives of the Local Union, whether elected or appointed, to support, advance and carry out all provisions of this Constitution, official policies of the International Union; and, to the extent not inconsistent with the foregoing, all official policies of the Local Union.

Section 7. The Executive Board shall be empowered to represent the Local Union between meetings of the Local Union when urgent business requires prompt and decisive action. In no case, however, shall the Executive Board transact any business that may affect the vital interests of the Local Union until the approval of the membership is secured, or of the Unit Work place Organization in the case of an Amalgamated Local Union.

Section 8. Any member of the Executive Board who is not directly elected to the Board, but who holds such office by virtue of her/his holding some other office or position in the Local Union or Unit Workplace Organization shall, upon ceasing to hold the latter office or position, automatically cease to hold the office of Executive Board Member.

Section 9. At the discretion of the Local Union the offices of Financial Secretary and Treasurer may be combined.

Section 10. The following rules shall be mandatory in all Local Union elections for executive officers, and insofar as these rules are not inconsistent with any provisions of Article 8, for International Convention delegates:

(a) Every member in good standing shall be entitled to vote at all Local Union elections.

(b) Such elections shall be held during specified dates and hours at a specified polling place or polling places where each member shall personally cast her/his vote. The use of absentee ballots is not permitted in Local Union elections, except as allowed by a uniform policy established by the International Executive Board.

(c) All elections shall be held under the supervision of a democratically elected Election Committee. 

(d) The date or dates for all elections must be established by the membership body of the Local Union.

(e) No candidate in any election shall be a member of the Election Committee having supervision over such an election.

(f) Any eligible candidate in any election shall have the right to submit her/his commonly known name to the Election Committee in writing as the candidate desires it to appear on the ballot, and it shall so appear.

(g) Each candidate shall have the right to have one (1) challenger present when the votes are cast and when they are tabulated, provided that such a challenger shall be a member of the Local Union.

Section 11. Following each election, the Election Committee shall report in writing the canvass of the results of the election to the membership's next membership meeting. No protest to an election shall be considered unless raised within seven (7) days of the closing of the polls or at the next membership meeting, whichever is later. A protest must either be in writing, or made at the membership meeting. If written, the protest must be actually received by the Local Union Recording Secretary before the deadline. In the event that membership meeting(s) have been suspended by affirmative membership action(s) pursuant to Article 37, Section 4(c), the protest must be submitted to the Local Union Recording Secretary within seven (7) days of the closing of the polls or the next Local Union Executive Board meeting (not to exceed thirty (30) days from the date of the election), whichever is later. The protest will be directed to the Local Executive Board, which shall rule on the protest within thirty (30) days after receipt.

Section 12. In the event the membership, either in acting upon a protest or in ratification of an Election Committee recommendation, should order a new election, no such election shall be held until the matter has been submitted to and an order thereon received from the International President. In such an event, the Local Union shall submit a complete report of the circumstances which influenced the membership to order a new election, as well as the official minutes of the pertinent membership meeting, to the International President. Any member of the Local Union shall have the right to submit a written statement to the International President. The International President, acting as expeditiously as possible, may either make her/his order upon the information available to her/him or, if s/he feels the facts sufficiently contradictory to warrant the step, submit the matter to an Appeals Committee constituted pursuant to Article 33, Section 3 of this Constitution for investigation. In that event the International President shall make her/his order pursuant to the recommendations of said Appeals Committee. During this interim period, the Local Union offices shall be temporarily occupied by those candidates who would have been elected if the election had not been challenged. If the International President approves membership action ordering a new election, the election shall be held as soon as possible and the officers elected at that second election shall hold office during the pendency of any higher appeal and until otherwise directed by a superior appellate body.

Any appeal from the International President's order shall be taken in the usual way pursuant to Article 33 of this Constitution provided, however, that if the President's order is based upon an Appeals Committee recommendation, the appeal shall omit the step provided for in Article 33, Section 3(d), and the appeal shall commence with review of and action on the Appeals Committee recommendations pursuant to Section 3(d) of Article 33.

Any appeal from a decision of the membership refusing to order a new election shall be taken in the usual manner pursuant to Article 33, and the members elected as the result of the election being appealed from shall hold office during the pendency of the appeal and until otherwise directed by a superior appellate body.

All ballots and other pertinent records in any election shall be preserved for a period of one (1) year and may then be destroyed by the Local Union unless an appeal is pending, in which event they must be preserved until the appeal has been decided and the decision is final.

Section 13.  If upon investigation by the International Union, it should appear by convincing evidence that any member has misrepresented returns, altered, mutilated or destroyed deposited ballots, or engaged in any other fraudulent acts in connection with the conduct of a Local Union election, the International Executive Board may remove such member from any office or appointive position s/he may hold pending a hearing. The Board shall designate a special committee to conduct a hearing, after due notice in writing of the charges against the member, and make recommendations in a manner similar to that provided for under Article 33 of this Constitution. The special committee shall make recommendations to the International Executive Board, which recommendations shall be processed by the International Executive Board in the same manner that it processes recommendations of said Appeals Committees.  The International Executive Board, if it finds the member guilty of the offense charged by a two-thirds (2/3) vote, may remove the member from any office or appointive position s/he may hold and/or suspend the member's right to seek any office or hold any appointive position in the International Union for a period not to exceed five (5) years, or suspend or expel her/him from membership. Any member so disciplined shall be notified in writing and shall have the right to appeal pursuant to Article 33, Section 3. The procedure provided for in this Section shall be in addition to and exclusive of any other action which may be taken against such member.

Section 14. All vacancies in Local Union offices, except the office of President, shall be promptly filled by election, provided that the Local Union may provide other means for filling such vacancies for the temporary period pending the holding of the election. In case of a vacancy in the office of President, the Vice President shall fill the vacancy for the unexpired term, provided that where there are two (2) or more Vice Presidents, the Local Union shall establish fair and reasonable procedure for determining which of the Vice Presidents shall fill the vacancy.

Section 15. A Local Union may employ service and organizational staff; if such employment is authorized by the Local Union's bylaws; and provided that any such staff member who serves the membership of the Local Union and represents the membership in collective bargaining with employers, must have been a member of the International Union in continuous good standing for a period of one (1) year.

Section 16. If a member holding Executive Office, the term of which is not expiring, desires to become a candidate for another Executive Office, such member is obligated to notify the Local Union of her/his resignation from the member's present office sufficiently in advance of the nominating meeting to permit the nomination and election of candidates for both offices during the same election. Such resignation would be come effective at the time of installation.

Section 17. Whenever there are unopposed candidates for Local Union Executive Office, such candidates shall be considered elected without the necessity of an election. Where run-off elections are necessary because a candidate for Local Union Executive Office fails to receive a majority vote, the run-off shall be confined to the two (2) candidates receiving the highest number of votes for the office involved.