Conducting Local Union Officer Elections:

Below are excerpts from the Department of Labor regarding campaigning.  If you would like to read the complete rules and regulations please refer to this link: http://www.dol.gov/esa/regs/compliance/olms/localelec/localelec.htm

Chapter 5: Candidates

After nominations are completed, candidates usually begin to campaign in earnest, meeting voters, making speeches, and distributing their campaign literature. Conflicts and problems sometimes arise during the campaign period and, in order to deal with them, election officials must be knowledgeable about campaign rules and the basic rights of candidates under federal law. For example, the union is bound by a general rule of fairness — if one candidate is given a certain opportunity or privilege then all other candidates must be given the same opportunity or privilege. Election officials must not discriminate among candidates and should not appear to favor any current officers who are candidates. Election officials must maintain a businesslike relationship with all candidates even if they are personal friends, work associates, or political foes. To avoid misunderstandings and insure that candidates are treated equally, election officials should develop campaign rules, inform all candidates about them, and enforce the rules uniformly.

Requirements

• The union must provide a reasonable period prior to the election during which candidates and their supporters may campaign. What is a reasonable period of time depends upon the circumstances, including the method of nomination, the number of members in the union, and its geographic area.
• Equal opportunity to campaign must be provided. For example, if one candidate is invited to speak at a union meeting, all candidates for the same position must be invited to speak at the meeting for the same length of time. Likewise, a union should not allow one candidate to place a campaign article in the union newspaper without first notifying other candidates that they too may campaign in this way.
• The union must provide adequate safeguards to insure a fair election. Campaign rules must be the same for all candidates.
• Upon making a reasonable request, each candidate is entitled to have his or her campaign literature distributed to members by the union at the candidate’s expense. See Chapter 6 - Distributing Campaign Literature.
• Once within 30 days before the election, candidates must be allowed to inspect (not copy) a list of members subject to a collective bargaining agreement which requires membership in the union as a condition of employment. See Chapter 7 - Inspecting the Membership List.
• A candidate has a right to a copy of the union’s list of employers only if another candidate uses the union’s list of employers for campaigning. (However, under Section 104 of the LMRDA, a member is entitled to review all collective bargaining agreements to which the union is a party.)
• Union/employer funds and resources of any type may not be used to support the candidacy of any person in a union officer election (including campaigning on union time by union officials). See Chapter 8 - Union and Employer Funds.
• Candidates are entitled to have observers at the polls and at the tally of ballots. See Chapter 13 - Observers.

Chapter 6: Distributing Campaign Literature

As noted in Chapter 5, federal law establishes certain campaign rights for candidates in union officer elections including the right to have campaign literature distributed to the membership by the union at the candidate’s expense. In some unions the officers or employees may be involved in the campaign literature distribution process; in other unions, election officials or a professional mailer may handle requests from candidates. No matter what the practice, a union has a duty to comply with all reasonable requests to distribute literature and to treat all candidates equally. Any refusal to comply with a reasonable request is improper and could result in the election being successfully challenged. Election officials can avoid many problems concerning the distribution of campaign literature by establishing distribution procedures prior to the campaign period and informing all candidates about them.

Requirements

• A union must comply with all reasonable requests by a candidate for distribution of campaign literature at the candidate’s expense. Federal law does not define “reasonable request” but election officials should try to comply with all requests to the extent possible, since any refusal might later be determined to have been unreasonable.
• Each candidate must be treated equally with respect to the cost of distributing campaign literature. There is no requirement that the union distribute literature free of charge. However, if a union distributes any candidate’s literature without charge, all other candidates should be notified that they are also entitled to have their literature distributed without charge.
• A union should inform all candidates of the procedures for distributing literature in advance of the campaign period.
• A person need not be formally nominated to be entitled to distribute campaign literature. A union must distribute campaign literature for a bona fide candidate seeking to be nominated who makes a request, even if a union rule prohibits campaign mailings prior to nominations.
• A union may not regulate the contents of campaign literature it is asked to distribute and may not require that it be permitted to read the literature before distribution. The union may not censor campaign literature in any way, even if the literature includes derogatory remarks about other candidates. A union’s contention that mailing certain campaign literature may constitute libel does not justify a refusal to distribute the literature since the union is under a legal duty to distribute the material.
• A union must honor requests for distribution of literature to all members in good standing and must also honor requests for distribution to only a portion of the membership if such distribution is feasible.
• A union may not refuse to distribute literature because it has no staff or a small staff. If necessary, a union should employ additional temporary staff, use a professional mailer, or have the election officials make the distribution in order to comply with any requests. Any costs (for producing address labels, hiring temporary employees, etc.) can be passed on to each candidate requesting a distribution of literature.
• A union may not limit the number of mailings which a candidate is permitted to make.
• A union may require candidates to pay in advance for campaign literature distributions, if such a requirement is applied uniformly to all candidates.

Chapter 7: Inspecting the Membership List

In addition to having campaign literature distributed by the union as discussed in Chapter 6, candidates in union officer elections also have a right to inspect a list of members (and their addresses) subject to a collective bargaining agreement which requires union membership as a condition of employment. This right to inspect is limited to once within 30 days before the election and does not include the right to copy the list. In most unions the officer who maintains the membership list will be responsible for making the list available to candidates; election officials will not usually be involved. However, to avoid any misunderstandings, election officials should determine from union officials what procedures will be used to allow inspection and then inform all candidates about them. In addition to permitting inspection, the union may not discriminate in favor of, or against, any candidate with respect to the use of lists of members.

Requirements

• A candidate’s right to inspect the union’s membership list is limited to a list of members who are subject to a collective bargaining agreement which requires union membership as a condition of employment.
• Even if union membership is not required as a condition of employment, the union may nevertheless decide to allow inspection of its membership list. If the union decides to do so, it must treat all candidates equally and notify them of the decision to allow inspection.
• The right to inspect the membership list is limited to one time within 30 days before the election or 30 days before the mailing of ballots in a mail ballot election.
• A union must allow a bona fide candidate who is seeking to be nominated to run for office the opportunity to inspect the membership list once within 30 days before the election.
• The union is required to maintain the membership list at its principal office but is not required to provide for inspection at other places, such as a satellite union office or work locations of members.
• Candidates do not have the right to copy the membership list, only the right to inspect and/or compare it with a personal list of members.
• If a candidate is permitted to use the membership list for any purpose other than inspection (such as copying), the union must inform all candidates of the availability of the list for that other purpose and give the same privilege to all candidates who request it.
• A candidate has a right to a copy of the union’s list of employers only if another candidate uses the union’s list of employers for campaigning. (However, under Section 104 of the LMRDA, a member is entitled to review all collective bargaining agreements to which the union is a party.)

Chapter 8: Union and Employer Funds

Although union funds may be used to pay for nomination and election notices and other expenses for conducting the election, federal law strictly prohibits the use of union and employer funds to promote the candidacy of any person in a union officer election. This prohibition was adopted to prevent a current officer from being able to use the union treasury to help finance an election campaign. It was also intended to prohibit an employer from being able to influence the outcome of a union election. Unfortunately, the use of union or employer funds is a relatively common problem in union officer elections. In many cases, however, the improper use is unintentional since the candidates, union officials, and employers simply do not know the extent of the restriction and that it applies to facilities, equipment, and supplies as well as cash. Election officials are presented with a challenge in that they do not control access to a union’s or employer’s funds, but are still expected to conduct an election in which no such funds are used. Therefore, election officials should make sure that all candidates, union officials, and union employees are aware of the restriction on the use of union and employer funds and should be alert throughout the election process for any improper use of funds.

Requirements

• A union or employer may not contribute money or anything of value (such as the use of facilities, equipment, or supplies) to promote the candidacy of any individual in a union officer election.
• The restriction on the use of union funds applies to all moneys received by the union by way of dues, assessment, or similar levy.
• The prohibition against the use of union and employer funds applies to any union and any employer, not just the union conducting the election or an employer of the union’s members. For example, it is improper for a candidate to have campaign literature duplicated free of charge on a copy machine at a small business owned by a relative of the candidate.
• Any expenditure of union or employer funds on behalf of a candidate, even if the amount is small, is a violation of federal law.
• The use of union/employer funds or facilities is a violation of federal law even if union officials or the employer do not know about or approve of the use.
• The prohibition against the use of union and employer funds applies to direct expenditures from the union or employer as well as indirect expenditures including:
• campaigning on time paid for by the union or employer
• use of union/employer owned or leased equipment such as telephones, fax machines, and copy machines
• use of union/employer supplies such as stamps, paper, and envelopes
• use of union employees to prepare campaign literature while on union time
• use of the union letterhead
• use of union/employer property or facilities
• printing articles which support or criticize an individual’s candidacy in a union newspaper or other publication
• giving free services or special discounts to a candidate customer such as printing, photocopying, etc.
• A union may adopt additional rules governing contributions to campaign funds such as prohibiting contributions from any person who is not a member of the union.
• Certain uses of union and employer funds which do not support one person’s candidacy over another are acceptable, such as providing the use of equipment, facilities, or publications to all candidates on an equal basis after giving them notice of this opportunity.
• Campaigning by union officials which is “incidental” to union business is not a violation of federal law. For example, any campaigning by union officials which occurs as a consequence of conducting legitimate union business, such as shaking hands with members while visiting work sites on official business, is permissible.