Brotherhood of Locomotive Engineers & Trainmen

Mr. Don Hahs
National President-BLET
Mezzanine/The Standard Building 1370 Ontario Street
Cleveland, OH 44113-1702



Dear Sir and Brother:

This is in reference to the Petition currently being presented by BLET Division 316 to modify BLET National Bylaws by Initiative to include rank and file elections of National Division Officers. As you know, the Western General Chairmen's Association provided a listing of bullet points that they felt should be a part of the discussion of the Petition and distributed that through the member General Chairmen to their Local Chairmen.

While most of the Divisions welcomed the additional information, Brother Morris has apparently taken exception to the information challenging our estimates on the additional costs that might accompany such a change. From what we understand, a second letter has been sent to all Divisions not only attacking the information that was provided by the WGCA, but also attacking this Office for providing it to our Local Chairmen. While it is unfortunate that we as Brother members of the BLET cannot apparently participate in a professional and courteous discussion and debate over the issues that come before the body, our efforts here will continue to be conducted with respect and courtesy for all opinions.

In response to the latest issues and challenges raised by Brother Morris, could you please advise of the predicted costs associated with the change to rank and file elections and any other related affects that the National Division foresees as part of the proposed changes. We will then distribute this information through the WGCA to our Local Chairmen so that they can make it part of the discussions and debate at the Division level. As the WGCA stated in its first correspondence in the matter, our efforts were not to tell anyone how to make their decision in this matter, but to insure that all that is associated with such a change is known ahead of the decision making process.

Fraternally,

/s/ Dennis R. Pierce
General Chairman

cc: BLET General Chairmen, WGCA

 Brotherhood of Locomotive Engineers and Trainmen
A Division of the Rail Conference-International Brotherhood of Teamsters
Division 316
 

November 5, 2005

All Local Division Presidents and Local Chairmen

Dear Brothers and Sisters:

As expected, some of our elected leaders are working hard behind the scenes to defeat the Initiative that our division has sponsored calling for direct rank and file elections of National Division officers.  These so called leaders are secretly trying to deny the membership a vote on this important change by spreading false and misleading misinformation about the effect of the change.  One General Chairman, (D.R. Pierce - BNSF) has circulated a letter that has made its way across the country that is full of inaccurate and misleading claims, as well as misguided threats of pending dues increases should the Initiative be approved by the membership in a referendum vote.  When you examine some of the absurd reasons cited to defeat the Initiative it makes you wonder why some leaders are so afraid of giving the membership the right to vote in direct elections.  Remember that this proposed change applies only to the National Division and does not affect General Committee or Legislative Board elections.       

Below I respond to some of the false and misleading information they are putting out, but there is so much misinformation being circulated that I will not be able to cover it all. 

1)   If enough divisions vote for the Petition, that alone will cause the change to a rank and file voting system to take effect.  This statement is wrong and the leaders who are telling you this should know better.  Approving the Petition is just the first step in the Initiative process.  After enough divisions vote to approve the Petition, the proposed change will be submitted to the entire membership who will decide in a referendum vote whether to change the system for electing National Division officers.

2)   Changing to a rank and file election system is more costly than the current system and will cause your dues to increase.  This is a scare tactic designed to threaten you with a dues increase if you support this much needed and long overdue change.  The truth is that this change will save the Union money!!!  The change will require a mail ballot election after the convention costing between $50,000 and $70,000.  However, by eliminating the need to conduct elections at the convention, the length of future conventions can be reduced by at least one full day and perhaps two days.  Anyone who has been to a convention knows that the elections consume a considerable amount of time.  With the cost of one hour of convention time previously estimated at $50,000, shortening the length of the convention will save hundreds of thousands of dollars.  Please don’t be misled by this old, pathetic scare tactic.  It is despicable that this tactic would be used to block such an important change.  You may remember that this same tactic was used for many years to deny the rank and file membership the right to vote directly on ratifying their contracts, but in the end it didn’t work and the members won the right to vote. 

3)   Another claim being made is that only members who are wealthy or who have financial backing will be able to campaign and win elections, and “average members” will not be able to afford to run for office.  This claim is ridiculous.  The opponents of this change must be very desperate to make up this fairy tale to try and deny you the right to vote.  The truth is, so called “average members” rarely run for National Division office.  The candidates are typically incumbent vice presidents and general committee officers who have an established base of support.  Changing the election system will open, not limit, the nomination, campaign, and election process for all to see and participate in.  Under the new election system every candidate will still have to campaign as they have in the past and make their case before the delegates at the convention, and will continue to be able to mail campaign literature to delegates and other officers seeking their support with the membership.  There is no requirement or need to spend any more money than before.  This ridiculous scare tactic ignores the fact that relatively inexpensive methods of communication such as emails and web sites are now available.  Candidates are still free to raise money in compliance with federal law to support their campaign.  Anyone who accepts improper contributions from secret sources to get a campaign advantage doesn’t deserve to represent engineers and should be reported to law enforcement authorities. 

4)   General Chairman Pierce criticizes the Initiative as an assault on (a) the democratic process of “representative government,” and (b) the voting strength of smaller divisions.  He offers some very weak reasons to support his attempt to defeat the Initiative and deny every member an equal vote.  First, he tries to place the BLET’s current system of delegate voting on equal footing with our state and federal government systems.  This comparison is completely invalid because our delegates represent divisions with as few as twelve (12) and as many as four hundred sixty five (465) members; whereas, representatives elected to State Houses and Congress cast one (1) equally weighted vote based on strict population requirements.  It is extremely hypocritical to say you favor “representative government” and then turn around and oppose giving every member an equally weighted vote.

Second, Brother Pierce expresses concern for the diminished impact of the votes of smaller divisions if a rank and file system is adopted, but he expresses no concern about how the current system dilutes the votes of members in larger divisions.  To support his position that this change it not something the membership wants, he incorrectly states that “this very issue has been before the Delegates at several past conventions and has always been defeated.”  This statement is false, intentionally misleading, and exhibits a serious disregard for the truth.  The truth is that the delegates in convention have considered this issue only once in the last thirty years or more.  We believe it is time to let the membership decide whether they want everyone’s vote to count equally under a one man, one vote election system.                   

The opponents of this change do not seem to care that the current election voting system is very inequitable because it dilutes the votes of a large majority of our membership who just happen to be members of larger divisions.   

5)   Perhaps the most amazing reason being given to oppose this change is that since divisions can “instruct” their delegates on how to vote we already have a form of rank and file voting that should not be expanded to provide for direct rank and file voting for officers.  Section 18 – Local Division Rules does authorize a division to specifically instruct its delegate on (a) how to vote on resolutions, and (b) who to nominate for office.  The rule says nothing about instructing a delegate on which candidate to vote for.  This rule is seldom followed because it is practically impossible to apply it since divisions usually do not receive the resolutions in time to comply with the requirements of the rule.  Even if the rule were used to instruct a delegate on which candidate to vote for, it is unworkable for two reasons: (1) the actual nominees for office are not known until the day before the elections are held, and (2) a specific instruction cannot be enforced because there is no record of who the delegates voted for in the elections.  Consequently, it is very misleading to tell people that because we can “instruct” our delegates we have a form of rank and file voting in elections.

Brothers and Sisters this is probably the last time we can afford to write to you about the Petition.  The opponents of this change have far greater resources to spread their scare tactics, threats and misleading information than we do.  We ask you to question them directly about why they want to deny the membership a vote.  We think it is because they are afraid of being held directly accountable for a less than satisfactory performance for many years now.  The rank and file knows that we have not received our fair share of the billions in profits in the railroad industry.  They also know how our craft has been disrespected and how working conditions have deteriorated, and they want things to change.  The current system for electing National Division officers is an impediment to change.  We should not expect to get a better effort or achieve better results until there is direct accountability to the membership.

There is no downside to changing to a rank and file election system.  It will require officers to devote all of their time to producing results that directly benefit the membership; it will promote accountability; and it will save money.  So, unless you think the current system is working, and the National Division has produced satisfactory results, your division should support the Petition.

Fraternally,

W.L.Morris
Local Chairman – Division 316
 

Brotherhood of Locomotive Engineers & Trainmen

Dear Sirs and Brothers:


This is in reference to the Petition that was recently sent to all BLET Local Divisions on October 18, 2005 by BLET Division 316, in accordance with Section 4(a)- National Division Rules. The "Initiative" that Division 316 has put before the Divisions is a proposal to change BLET's current process governing the election of National Division Officers. Our current process allows the rank and file membership of each division to elect a Delegate to attend the National Convention and that Delegate carries the Division's vote to the Convention. This form of "representative governance" includes the right of the rank and file membership of each Division to instruct their delegate on all matters before the body at the Convention, including the election of officers.

The Proposal presented by Division 316 would modify this process by creating a nationwide "Rank and File" election process for the purpose of electing National Division Officers. As written by Division 316, this new process would not take the place of the National Convention, the Convention would still take place and would include nominations for National Officers, but a rank and file election would then take place in addition to the Convention.

Several of you have asked that the General Committee of Adjustment share its views on this matter and that is why this letter, with the attached document, is being forwarded to each of you. Attached is a listing of bullet points that were compiled by the Western General Chairmen's Association for distribution to the Divisions belonging to the member GCA's of the Western Association. Our goal in preparing these points is not to tell any member how to view this issue. Rather, our goal is to do everything that we can to insure that those studying this issue are given both sides of the debate that has long surrounded this issue. We would ask that you make every effort to see that the attached bullet points are part of your Division's discussion as they consider Division 316's petition. Only through an educated and open debate on this issue can the membership move forward making the decision that is truly in their best interest. Please contact the office if you have any additional questions.

Fraternally,

/s/ Dennis R. Pierce

cc: J. H. Nelson, ST
BNSF Northlines/MRL VGC's
Don Hahs, BLET National President Steve Speagle, Assigned BLET VP
 

Whether the current election of National Division Officers by "Delegates" at the Quadrennial Convention is retained, or a "Rank and File" process is adopted, both systems represent a democratic majority rule system. Regardless of process, there will be those who cast their votes in what becomes the majority and there will be those who cast their votes in the minority, changing the current process will not change that outcome. The following bullet points are to insure that BLET Divisions give full consideration to the details of either process, so that they consider the current initiative with as much information as possible.

1. Our current system governing the election of National Division Officers is a democratic process based on representative government. Representative government is not unique to this process, it is in place all across the country in all political forums. Currently, each Division elects a Delegate by rank and file election to attend the National Convention and represent the Division's wishes on all matters before the assembled body, including the election of National Division Officers. While in session, Delegates are the governing body of the National Division of the BLET. In addition, the rank and file membership of each BLET Division is authorized to instruct their Delegate on how to vote on any resolution before the body as well as who to vote for in the election of National Division Officers.

2. The current convention process includes question and answer sessions where each Delegate can question candidates for National Division positions before casting their vote. Candidates cannot avoid direct questions, relying on printed brochures, rather, they must address direct and pointed questions concerning their views and ideas. Candidates are also available throughout the Convention for one on one discussions so that Delegates can address any concerns that they might have prior to casting their Division's vote.

3. Under the current system, all business of the National Division is completed within the week set aside for the National Convention, including the election of National Division Officers. No additional costs are generated following the Convention for the additional Rank and File Elections, costs that are always passed onto the membership in the form of increased dues.

4. If a "Rank and File" election process is adopted for the election of National Division Officers, several things will change, the most apparent being the cost to the membership. The National Division is not the "BLET", the membership is the BLET and all activities of the National Division are the financial responsibility of the membership through their dues assessments. The National Division advises that the minimum predicted costs to adopt Rank and File elections for National Division Officers would be $50,000.00, the actual costs associated with the Rank and File vote to merge with IBT were closer to $100,000.00. In the past few weeks, the National Division successfully negotiated with IBT to address the $11.00 increase to the IBT per capita with no increase passed on to membership dues. The costs of a Rank and File election are not included in that budget plan, and any new costs generated by Rank and File elections will most likely be passed onto the membership in the form of a dues increase.

5. The Rank and File of the BLET recently voted to retain the twelve (12) man minimum for those Divisions existing prior to the BLE-IBT merger. This decision preserved the right of each Division to continue to have a full part in the election process based on "representative government". Rank and File elections will diminish if not eliminate the votes of smaller BLET Divisions, all but wiping out the voice that the recent Rank and File vote preserved. For example, the Rank and File membership of a Division having 200 members could counteract the votes of the Rank and File membership of ten (10) Divisions of twenty (20) members. The votes of one BLET Region's Rank and File could counteract the votes of another BLET Region's Rank and File, eliminating any form of regional based representative government. As information, this very issue has been before the Delegates at several past conventions and has always been defeated because all Divisions, large or small, are equally represented at the Convention. It is no surprise that the issue is now before the Rank and File prior to the upcoming convention, it is to avoid the voting strength of the smaller divisions at the convention.

6. Equally important to the membership is how Rank and File elections of National Division Officers will change who can run for a National Division position. When the costs of one single direct mailing to the Rank and File exceeds $10,000.00, average members will not be able to afford to run for positions at the National Division. Only those who are independently wealthy, or dependent on the "contributions" of others will be able to afford to seek the positions. Our membership often complains about how the cost of getting elected has eliminated the voice of the average citizen in local and national elections for public office. Changing to a Rank and File election of our National Division officers would do the same, creating a world where only those members who can arrange financial backing can afford to run for office.

7. Finally, one of the most important impacts of Rank and File elections to the membership is how this new process would affect the campaign process. The BLET membership elects National Division Officers to carry out the business and work of the membership, and there is plenty of work still to be done. Expecting Officers to spend the time reaching out directly to each and every member to be elected or re elected can only take from the time that should be dedicated to the real work of the BLET. Rank and File elections would all but create full time candidates and require that politicking become a full time occupation, rather than a required event once every four years. Even with direct campaigning, the jury is out on how much the Rank and File will truly be able to learn about any candidate, absent direct access currently available at the Convention.

While BLET's Bylaws place the initial decision on "Initiatives" in the hands of BLET Local Divisions, it is important that those who cast their votes at upcoming Division meetings fully consider all impacts of this decision. Change for the sake of change rarely improves things unless there is a showing that the current system is broken, and, that the proposed system repairs what is broken. Some supporters of Rank and File elections maintain that the new process will make it easier to remove all incumbent officers from office and that may be true. However, the current Delegate election process accomplishes the same thing, without passing on new costs and/or concerns to the membership. Remember that the Delegate election process removed all three National Division Executive Board members from Office at the Convention in 2001 and has not re elected a sitting President since 1981. Changing to a Rank and File election process where only those who are financially beholden to others can afford to run for office, diminishing the vote strength of the small divisions while increasing costs and dues to all members may not be the improvement that some make it out to be. In any event, the issue is in the hands of the Divisions now and all are encouraged to participate in the discussions, debate, and Division voting process regardless of viewpoint. BLET is a democratically run Organization with or without the changes proposed in this "Initiative" and there is room for all opinions and viewpoints with the majority of those voting ultimately ruling.
 

 Brotherhood of Locomotive Engineers and Trainmen
A Division of the Rail Conference-International Brotherhood of Teamsters
Division 316
 

October 18, 2005

Mr. Don M. Hahs, National President
Brotherhood of Locomotive Engineers and Trainmen
Standard Building - Mezzanine Level 1370 Ontario Street
Cleveland, Ohio 44113 - 1702

Dear Brother Hahs

For your information, enclosed is a copy of a Petition prepared in accordance with the provisions of Section 4(a) - National Division Rules of the Bylaws of the Brotherhood of Locomotive Engineers and Trainmen (BLET). The Petition and related Attachment were mailed to every division secretary-treasurer on October 18, 2005, with instructions to present the Petition for a vote at the next regularly scheduled division meeting and to promptly return a signed and dated copy of the Petition to the National Division for tabulation.

Upon receipt of Petitions supporting the proposal from divisions representing twenty-five (25) percent of the active membership of the BLET, it will be mandatory for the National President to put out a ballot by government mail to every active member within thirty days.

Also enclosed for your reference is a sample ballot.

Authorization to sponsor this Initiative and circulate the Petition was granted at the regular meeting of Division 316 on September 26, 2005.

Thank you for your attention to this matter.

Fraternally,

/s/ W. L. Morris
Local Chairman - Division 316

Enclosures
cc: James P. Hoffa, General President Advisory Board
 

Brotherhood of Locomotive Engineers and Trainmen
A Division of the Rail Conference International Brotherhood of Teamsters
Division 316
 

October 18, 2005

All Local Division Officers d o Secretary-Treasurers

Dear Brothers and Sisters:

In furtherance of the long-standing policy of the Brotherhood of Locomotive Engineers and Trainmen to promote traditional democratic principles, and in support of the strong and consistent message from the current administration at the National Division that "the members are the real strength of our union," we submit this important proposal for your consideration.

Enclosed is a Petition-prepared in accordance with Section 4(a)-National Division Rules-that proposes to change through the Initiative process the method for electing the National Division officers that constitute our Advisory Board and their alternates. If this proposal is adopted, the present system of convention delegate voting to elect National Division officers would be replaced by a more democratic system of direct membership voting by all active members in good standing. A direct voting system promotes rank-and-file participation in the union and creates a direct line of accountability to the membership for producing better results on the major issues affecting engineers and their families. The Teamsters have direct rank-and-file voting for both national and local officers, whereas, the BLET has direct voting for only local division officers.

Historically, and especially in recent years, the Brotherhood has taken great pride in proclaiming its commitment to be a democratic organization devoted primarily to serving the needs of the membership. This commitment message appears regularly in various BLET publications. Therefore, an Initiative to give the membership more control over their organization is consistent with Brotherhood policy and should be supported by the National Division.

Over the last thirty years, our organization has fallen into a pattern of making excuses for repeated failures in contract, legislative, and regulatory battles. Excuses are no longer acceptable. We must elect leaders who understand what it means to be an engineer in today's railroad environment and who are committed to working tirelessly to restore respect for the engineer craft. The membership deserves the right to hold their National Division officers accountable through direct membership elections.

The attached Petition is the first step in the Initiative process outlined in Section 4(a) - National Division Rules. Section 4(a) requires that when a Petition signed by twenty-five (25) percent of the active membership or divisions representing twenty-five (25) percent of the active membership is submitted to the National President it will be mandatory to put out a ballot within thirty (30) days to all active members for a referendum vote on the proposed change.

In order to attain a sufficient number of divisions to require the National President to submit this proposal to the active membership in time to have the change apply to the next election of National Division officers in 2006, we request that you process this Petition as expeditiously as possible. First, present the Petition for a vote of the members present at the next regularly scheduled meeting of your division. Second, after a majority of the members present at the meeting vote for, or against, the Petition, mark the Petition accordingly and sign, date, and enter your division number in the spaces provided. The secretary-treasurer or president must sign the Petition to certify the vote. Third, promptly mail one copy to the National Division and one copy to Division 316 in the envelopes provided.

After a sufficient number of divisions return Petitions in support of the proposal, a ballot-containing the new provisions of Brotherhood law under which the direct membership election of National Division officers will be conducted beginning in 2006-will be mailed by the National Division within thirty (30) days to all active members for their vote. Members must return their ballots within sixty (60) days of the date it was mailed by the National Division in order to be counted.

This proposed change applies only to National Division elections and does not affect general committee of adjustment or state legislative board elections. The costs of implementing this change will be more than offset by the savings from reducing the length of future National Division conventions.

We would like to thank you for your consideration of this change and for presenting the Petition to your division as soon as practicable. We hope your division will support our efforts to improve the Brotherhood and give the membership a direct voice in choosing the leaders who directly impact their daily lives.

If you no longer hold the position of secretary-treasurer please forward this to your successor and to the division president for handling.

In closing, if you have any questions about this Petition, please contact me or any of the officers of Division 316 whose names, phone numbers, and email addresses are listed in the BLET directory.

Fraternally yours,
/s/ W. L. Moms

Local Chairman - Division 316
Bowdon, GA 30108-3148
WLMorris316@aol.com

Enclosures
 

PETITION FOR DIRECT MEMBERSHIP ELECTION OF
NATIONAL DIVISION OFFICERS

October 18, 2005

Mr. Don M. Hates, National President
Brotherhood of Locomotive Engineers and Trainmen
Standard Building - Mezzanine Level 1370 Ontario Street
Cleveland, Ohio 44113-1702

In accordance with the provisions of Section 4(a) - National Division Rules of the Bylaws of the Brotherhood of Locomotive Engineers and Trainmen, Division 316 requests that the following proposal be submitted to the active membership.

The proposal will change the method of electing National Division officers from the present system of convention delegate voting to a more democratic system of direct membership voting. The election related provisions of the Bylaws listed below are directly affected by the proposal and shall be changed as indicated if the proposal is approved by the active membership in a referendum vote.

New language appears in bold and is underlined Deleted language appears with a strike line through it.
 

NATIONAL DIVISION RULES

Section 1 (b) - first and second paragraphs shall be amended to read:

The officers of the ND shall be elected from the membership by direct membership voting the delegates in convention assembled and shall be:
National President, First Vice President, who will be Alternate National President, National Secretary-Treasurer, and eight (8) vice presidents, one of which shall be the National Legislative Representative. These officers collectively shall constitute the Advisory Board.
In addition, there shall be elected from the membership by direct membership voting an Alternate National Secretary-Treasurer, an Alternate Vice President and National Legislative Representative, and seven (7) alternate vice presidents from the United States, to be known as Nos. 1, 2, 3, 4, 5, 6 and 7.
 

Section 6 (a) - shall be amended to read:

All national officers shall be elected by direct membership voting a majority vote of duly elected delegates at each quadrennial convention to serve for a term of four (4) years, except as provided in Section I (c) - National Division Rules, or until their successors are elected and installed, unless they be removed for cause, except the National Guide and National Chaplain, who will be appointed by the National President at each convention from the membership.

Section 40, Item 6 - shall be amended to read:

Report of Standing Committees (Section 33 - National Division Rules) and nomination election of officers.

Section 44 (f) - shall be amended to read:

(f) In the election of officers, a paper or electronic ballot will be used. The candidates receiving the highest number of votes for each office shall be declared elected. In the event of a tie vote that determines election to any office, there shall be a rerun election between the tied candidates. A majority of votes cast will be necessary to elect; if there is no election on the first ballot, only the-two (2) leading candidates shall be eligible on  the second ballot.

Section 49 - New Section added entitled "Rules Governing Direct Membership Election Of National Division Officers." Refer to the Attachment to this Petition for the provisions of this new Section 49 which shall be incorporated into the BLET Bylaws.
 

____________ For the Petition

______________ Against the Petition

A vote to submit this Petition to you was taken at a meeting of Division_______ held on ___________ 2005.
 

Fraternally,
___________________________and/or ______________________________________________________
President                                                                                             Secretary-Treasurer
Division No.___________                                                                  Division No. _____________

SEND ONE (1) COPY TO THE NATIONAL DIVISION RETURN ONE (1) COPY TO DIVISION 316
 

ATTACHMENT
RULES GOVERNING DIRECT MEMBERSHIP ELECTION
OF NATIONAL DIVISION OFFICERS

Section 49 - New Section
These Rules are designed to provide for fair and informed elections. The Rules are applicable only to the election of National Division officers and are not applicable to the election of any subordinate body officers.

NOMINATIONS
Candidates for National Division office shall be nominated by delegates at the National Division Convention and, thereafter, shall be elected by the active membership in secret mail ballot voting. Candidates shall declare their intention to run for office in writing via certified mail to the National Secretary-Treasurer at least thirty (30) days prior to the start of the Convention. A candidate may only declare his/her candidacy for one National Division office in any election year.

Any active member in good standing who desires to be nominated for office must obtain signatures on petitions from divisions representing five (5) percent of the membership or from Convention delegates representing five (5) percent of the membership and file the petitions with the National Secretary-Treasurer prior to the nominations. Such petitions shall include: (1) identification of the candidate by name, local division number and title of office sought; (2) space for each signatory to sign their name, to print their name, and to list their local division number; (3) space at the bottom for each circulator to state their name, local division number, and to verify the validity and accuracy of the petition's contents. Once the requisite number of petition signatures has been obtained, the candidate may submit these petitions to the National Secretary-Treasurer for counting and verification. Immediately after petitions are received, the National Secretary-Treasurer shall take whatever action is necessary to verify the validity and accuracy of petition signatures and information and count the valid signatures to insure that the requisite number has been obtained.

Signing petitions for opposing candidates shall not invalidate the member's signature on any of the petitions signed.

The National Secretary-Treasurer shall immediately verify nomination results. The Convention shall not adjourn prior to verification of the nomination of at least one (1) candidate for each and every National Division officer position.

Appeals concerning the eligibility of a person nominated as a candidate for National Division office shall be handled in accordance with Section 6.9 of the Merger Agreement and Article XXII, Section 5(a) of the IBT Constitution.

The placement of candidates on the ballot shall be according to alphabetical listing.

ELECTIONS

Method of Voting and Date of Election
Beginning in 2006, the election of National Division officers shall be conducted by secret mail ballot under the supervision of the National Secretary-Treasurer. The National Secretary-Treasurer shall contract with the American Arbitration Association (AAA) to administer the election process. If for some reason agreement cannot be reached with the AAA to administer the election process, another nationally recognized organization qualified to administer secret mail ballot elections shall be retained.

A ballot packet shall be mailed to every active member at their last known address within thirty (30) days of the close of the Convention. The date of election shall be sixty (60) days after the close of the Convention. When the date of election falls on a Saturday, Sunday or federal holiday, the ballots shall be counted on the first weekday following that date. In order to be counted, the deadline for receipt of completed ballots shall be 10:00am on the date of election.

Notice of Election
The Notice of Election shall be prepared under the supervision of the National Secretary-Treasurer. The Notice shall state: the date by which ballots must be received in order to be counted; the National Division offices subject to election and the number of candidates to be elected to each office. The Notice shall provide a clear and complete explanation of the requirements and procedures for voting. The Notice shall also state the requirements for eligibility to vote, including the date by which dues arrearages and/or initiation fees must be paid in order for members to be eligible to vote. The Notice shall specify the method for members who do not receive a ballot to obtain a ballot or a duplicate ballot.

Eligibility to Vote
To be eligible to vote in the election of National Division officers a member in good standing must have his/her dues paid up through the month prior to the month in which the election is held.

Printing and Handling of Ballots
The National Secretary - Treasurer shall have authority to designate a standard type of mechanical ballot counting device and to print ballots for the election of National Division officers which can be counted using this device.

All ballots shall be identified as the "Official Ballot for Election of National Division Officers" and shall be printed in a legible manner, with headings printed in bold face. Ballots and return ballot envelopes shall contain encodings or other markings to prevent forged or otherwise fraudulent ballots being used, voted or counted.

Ballots shall state the offices open for election and the number of candidates to be elected for each office, and shall instruct the voter to vote for no more than that number of candidates. Candidates shall be identified on the ballot only by name. Where a similarity in names may cause confusion, appropriate additional identification shall be added.

Ballots shall be printed under the direct supervision and control of the National Secretary - Treasurer at one site in the United States. The person or entity printing the ballots shall certify the number printed. The AAA shall maintain custody of the ballots prior to the election_ Ballot security shall be maintained throughout the election process.

Mailing of Ballots
The mail ballot package shall be mailed within thirty (30) calendar days of the close of the Convention. The National Secretary Treasurer shall directly supervise and control all aspects of the assembly and mailing of the mail ballot package. The mail ballot package shall be mailed by the AAA from a single location in the United States to all active members. Each mail ballot package shall contain the Notice of Election, a ballot, a secret ballot envelope, a self-addressed and stamped return envelope pre-labeled by the AAA with the member's name and address and other data sufficient to identify and distinguish the member, and instructions regarding the procedure for secret mail ballot voting.

Observers shall be permitted to inspect the list of members to whom ballots are being sent. Should any observer claim that a member eligible to receive a ballot has been omitted from the list, such person shall be sent a ballot. If such ballot is cast, it shall be treated as a challenged ballot.

Casting of Votes
Once mail ballot materials are received, the member shall cast his/her vote, place the ballot in the secret ballot envelope (without making any mark on that envelope) and place the secret ballot envelope in the stamped return envelope and then place the return envelope in the mail. If the pre-affixed label on the return envelope is missing, the member should write his/her name, address and local division number in the upper left-hand corner of the return envelope. Any ballot cast without proper identification on the return envelope or received after the deadline for receipt of ballots shall be void.

Receipt of Ballots
The AAA shall rent a post office box for the return of the ballots and shall also rent a post office box for receipt of mail ballot packages returned by postal authorities as undeliverable and shall make all reasonable efforts to verify and correct addresses and re-mail the ballot packages.

Any member not receiving a ballot should contact the AAA immediately. Any member who spoils or loses a ballot should contact the AAA immediately for a replacement ballot.
Verification of Voter Eligibility

Prior to commencement of the ballot count, and under the direct supervision and control of the AAA, the eligibility to vote of each person casting a ballot shall be verified.

Ballot Counting
All ballots shall be counted under the direct supervision and control of the AAA. All challenged ballots shall be segregated. No sticker, write-in or proxy votes shall be permitted.
Prior to the election, the National Secretary-Treasurer may issue supplemental guidelines or advisories with respect to counting of ballots and other matters relating to these Rules. Any such supplemental guidelines or advisories shall be subject to approval by the Advisory Board.

Retention of Ballots
All ballots, including those that are challenged, voided, spoiled or unused, all ballot envelopes and copies of all tally sheets shall be preserved for one (1) year after the count.

Prohibition on Interference with Voting
No person or entity shall limit or interfere with the right of any member to vote. Any violation of this rule may result in disqualification of a candidate who benefits from the violation.

CAMPAIGNING AND ACCESS

Inspection of Membership Lists
Each bona fide candidate shall have the right, once within thirty (30) days prior to the casting of ballots in any election in which he/she is a candidate, to inspect a list containing the last known names and addresses of all members of the Union who are to participate in such election. The right of inspection does not include the right to copy the list, however, if the Union permits any candidate to copy or otherwise use the list, all candidates must be notified of this and provided the same opportunity. The Union shall not, in any way discriminate in favor of or against any candidate with respect to access or use of the membership list.

Candidate Literature and Mailings
Each candidate shall be permitted a reasonable opportunity, equal to that of any other candidate, to have his/her literature distributed by the Union, at the candidate's expense. This means: (a) each candidate is entitled to a reasonable number of mailings, whether or not any other candidate makes such request(s); (b) when the Union authorizes distribution of campaign literature on behalf of any candidate, similar distribution under the same conditions and costs shall be made for any other candidate, if requested; and (c) the on need not distribute any candidates campaign literature if that candidate is not able and willing to pay for the reasonable costs for such distribution.

Any request for distribution of literature shall be made by the candidate to the National Secretary-Treasurer in writing. The request shall be accompanied by at least one (1) copy of the literature (if the candidate wishes it to be duplicated by the Union) or by a number of copies sufficient for distribution (if the candidate duplicates the literature him/herself), or by a number of sealed envelopes, containing the literature, sufficient for distribution (if the candidate duplicates the literature and stuffs the envelopes him/herself).

Each candidate shall pay, on a reasonable basis, for the actual cost of distribution, including stationery, duplication, time required to do the work and postage for mailing.
In complying with requests to mail literature, the Union shall use the current names and addresses that are on file for all relevant members in good standing. Mailing labels shall be prepared through the least expensive system available to the Union. The Union shall arrange for a mailing service to process and distribute candidates' literature, and for such mailing service to receive literature directly from the candidate.

Union-Financed Publications
No publication or communication financed, directly or indirectly, by a Union may be used to support or attack any candidate or the candidacy of any person.

Subordinate Body Publications
No subordinate body need reserve any space in any of its publications for the purpose of campaigning, except, if any candidate is permitted to have his/her campaign material published, all other candidates must be so advised in writing and provided the same opportunity on an equal basis.

Freedom to Exercise Political Rights
All Union members retain the right to participate in campaign activities, including the right to run for office, to support or oppose any candidate, to aid or campaign for any candidate, and to make personal campaign contributions. This includes, but is not limited to the right to distribute campaign literature and otherwise solicit support for a member's candidacy outside a meeting hall before, during and after a Union meeting, regardless of Union policy, rule or practice.

All Union officers and employees, if members, retain the right to participate in campaign activities, including the right to run for office, openly to support or oppose any candidate, to aid or campaign for any candidate, and to make personal campaign contributions. However, such campaigning must not involve the expenditure of Union funds. Accordingly, officers and employees (and other members) of the Union may not campaign on time that is paid for by the Union.

Union funds, facilities, equipment, stationery, personnel, etc., may not be used to assist in campaigning unless the Union is reimbursed ~t fair market value for such assistance; and unless all candidates are provided equal access to such assistance and are notified in advance, in writing, of the availability of such assistance.

Retaliation or threat of retaliation by the International Union, National Division, any subordinate body, any member of the Union, any employer or other person or entity against a Union member, officer or employee for exercising any right guaranteed by this or any other provision of this section is prohibited.

OBSERVERS

Each candidate nominated for a National Division office shall have the right, at his or her expense, to have at least one (1) observer present at each and every phase of the election process. Such observer shall be a candidate or other member in good standing. The National Secretary-Treasurer shall provide reasonable notice to all candidates of the dates, times and places of all events or activities which candidates may have the right to observe.

RIGHTS AND DUTIES UNDER LABOR MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959

The following sections of the Labor Management Reporting and Disclosure Act of 1959, as amended ("LMRDA"), 29 U.S.C. Sections 401-531 (1988) are incorporated into and made a part of these Rules:

Section 101 (a)(l) (equal rights and privileges);

Section 101 (a)(2) freedom of expression and assembly);

Section 104 (right to inspect or receive copy of collective bargaining agreement);

Section 401 (c) (distribution of campaign literature; prohibition against discrimination in use of union membership list; inspection of membership list; safeguards to insure fair election);

Section 401 (d) (election of intermediate body officers by secret ballot among the members in good standing);

Section 401 (e) (reasonable opportunity to nominate; eligibility to hold office; voting and campaigning without interference or reprisal; notice of election; right to vote; preservation of election records; following union constitution and bylaws where consistent with LMRDA);

Section 401 (g) (prohibition on use of union or employer assistance in campaigning); and Section 609 (prohibition on on discipline for exercising rights under LMRDA).

Insofar as the foregoing sections of the LMRDA may regulate conduct unrelated to elections of National Division officers, they are not incorporated into the Rules.

EFFECTIVE DATE

These Rules shall be effective immediately upon approval by the active membership.