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CWA Local 2336 Election Rules

CWA Local 2336 Election Rules

 

  1. Election Committee

    Committee Chair: Derrick Griffin
    Committee Co-Chair: Debra Benson
    Committee Secretary: Julia Ridgely
    Committee Member: Delicia Gray
    Committee Member: Leroy Townsend
    Committee Member: Jeffrey Ruffin Sr
    Committee Member: Lapreia Terry
    Committee Member: Eddie Miller

 

  1. Application of CWA Local 2336 Constitution/Bylaws

    The election will be conducted, insofar as lawful and practicable, in accordance with the provisions of the CWA Constitution and the Local 2336 Bylaws.

 

  1. Term of Office

    The term of office will be for three (3) years.

 

Nominations

 

Nominations were conducted and the eligibility of each nominee was verified. The candidates for the CWA Local 2336 election are:

 

President: Melissa Smith-Kupihea (UNCONTESTED)

Executive Vice President: Brandon Henry (UNCONTESTED)

Vice President: No nomination – (VACANT)

Secretary-Treasurer: Joseph Mullikin (UNCONTESTED)

After the close of nominations, there were no contested races for the offices of President, Executive Vice President, Vice President & Secretary Treasurer. Therefore, the candidates for those races won by acclamation.

 

The following procedures and dates would have been followed had the election been contested.

Election Notice

Section 401(e) of the LMRDA provides that in any election required to be held by secret ballot, a union must mail a notice of election to each member at his/her last known home address not less than 15 days before the election. The notice must specify the date, time, and place of the election and the offices to be filled.

The election notice for this election will be mailed to all members at their last known home address on or about October 9, 2023. The election notice will be included in the ballot packages that will be mailed to members who will vote in the election via mail ballot.

OLMS and the union will make efforts to obtain updated addresses and re-mail any election notice that is returned undeliverable. The election notice will also be posted on the union’s website, posted on bulletin boards at the worksites.

Campaign Procedures

Section 401(e) provides that members may not be subjected to penalty, discipline, or improper interference or reprisal of any kind in the exercise of their right to support the candidate of their choice.

The LMRDA requires that all candidates be treated equally with respect to the opportunity to campaign. Section 401(g) provides that any monies received by CWA Local 2336 or any other labor organization by way of dues, assessments, or similar levy, or monies of any employer may not be used directly or indirectly to support the candidacy of any person in a union election of officers. This prohibition extends to equipment, vehicles, office supplies, records, and personnel of Local 2336 and any other labor organization and to employers, whether or not they employ Local 2336 members. Union officers and employees may not campaign on time that is paid for by the union.

As previously stated, to avoid any inadvertent violations, the following are prohibited forms of campaigning:

  • Union or employer equipment (including copiers, computers, printers, fax machines, telephones, email), vehicles, office supplies, facilities, cash, or any other financial or in-kind resources may NOT be used to promote or attack ANY candidate. This prohibition includes the creation and duplication of campaign literature.
  • Campaign emails cannot be sent from union or employer email accounts.
  • Union email lists cannot be used for campaigning unless the union uses the email list to communicate with its members. If a member or candidate intends to campaign via email, the member or candidate should contact the election supervisor prior to sending the email to discuss how the email addresses on the list were obtained.
  • Union or employer websites, social media, newsletters, newspapers and other communications may NOT be used to promote or attack ANY candidate.
  • Local union officers and members are not to encourage support for or attack any candidate or group of candidates while discussing official union business during local union membership meetings. Campaigning and distributing campaign literature is allowed before and after membership meetings, during local union social events, and during the “good and welfare” portion of membership meetings, as long it is not prohibited by the local union’s bylaws and each candidate or member is allowed equal time and access to campaign.
  • Candidates and their supporters are NOT allowed to campaign while on union or employer time.
  • If you campaign to members, they should be on their own time. They should not be in a pay status with the employer or the union.
  • Candidates and their supporters should observe all applicable employer regulations regarding posting campaign literature and campaigning on employer property. The employers have different rules for campaigning and accessing the worksites.
  • Candidates and their supporters should not use their union position to access employer facilities to campaign unless all candidates are given equal access to the facilities.
  • Candidates and their supporters must pay full market price for all campaign related services unless a similar discount is given to all customers in the normal course of business. Receipts must be kept for all campaign purchases.

If you witness any candidate, potential candidate, member, or anyone else engaging in this type of activity, IMMEDIATELY contact the election committee and provide a detailed description of what occurred.

Inspection of Membership List

The LMRDA provides that once within 30 days of an election, every bona fide candidate will have the right to inspect (not copy) a list containing the names and last known addresses of all members subject to a collective bargaining agreement.

If a candidate would like to review the membership list, the candidate should contact the election committee to make arrangements to do so.

Distribution of Campaign Literature

Section 401(c) of the LMRDA provides that a union must comply with all reasonable requests by any candidate to distribute campaign literature at the candidate’s expense.

Candidates may request to conduct a campaign mailing at their own expense. The campaign literature must be brought to the election supervisor already stuffed, sealed, and stamped. Any candidate that wants to conduct a campaign mailing should contact the election supervisor.

Voter Eligibility

Section 401(e) of the LMRDA provides that every member in good standing shall have the right to vote for or otherwise support the candidate of his choice. For the purpose of this election, good standing means that a member is no more than one month in arrears in dues payments. All members who are in good standing are eligible to vote in this election.

 

Ballot Preparation and Mailing

The election committee will supervise the preparation and mailing of the ballots. Position on the ballot shall be determined by alphabetical order.

The ballots will be mailed to members at their last known home address on or before October 9, 2023. In order to be counted, ballots must be received in the election post office box no later than 12PM on October 30, 2023, at which time the ballots will be collected in preparation for the ballot tally. This will take place at CWA Local 2336 Union Hall (151 Riggs Rd NE, Washington, DC 20011). If you wish to observe this process, please contact the election committee.

 

The ballot package will contain: voting instructions, one unmarked ballot, one small envelope marked “SECRET BALLOT”, and one pre-addressed return envelope.

 

The voting instructions will advise the member of the following:  Mark your vote where indicated on the ballot. Fold and place the ballot in the ballot envelope and seal it. Do not mark this envelope in any way. Place the sealed ballot envelope in the postage paid return addressed envelope, seal it, and affix YOUR NAME and address on the upper left-hand corner of the return addressed envelope. Your ballot cannot be counted unless this is done. Your name on the return addressed envelope will identify you as an eligible voter. It will not reveal how you voted, because the ballot is removed and separated from this envelope before it is opened. Secrecy can be preserved only if you mark and mail your ballot personally. Do not allow someone else to mark and mail your ballot personally. Do not allow someone else to mark and handle your ballot or see your vote. Mail your ballot so that it will be returned to the post office no later than October 30, 2023.

Duplicate ballot requests can be made to the election committee via email request. Requests should allow enough time for the election supervisor to receive, process, and mail the duplicate ballot, and to return the voted ballot by the ballot return deadline.

 

To make a duplicate ballot request send an email to either election.cwa2336@gmail.com or election.committee@cwalocal2336.org.

The post office boxes that will be used during this election are solely for election purposes and no one will have access to the contents of the box for returned undeliverable ballots except for the election supervisor.  No one will access the post office box for voted ballots until the ballot tally.

 

 

Collection and Tally of Ballots

The ballots will be picked up from the election post office box on October 30, 2023 at 12PM. The post office is the Brentwood Post Office, located at 900 Brentwood Rd NE, Washington, DC 20018. Observers may be present at the post office during the ballot pick-up. Observers should arrive a few minutes early. Any ballots received after the deadline will be considered late.

The tally will begin as soon as the ballots are brought to the tally location, roughly 1PM. Candidates are authorized to be present as an observer at the tally or have observers present at the tally on their behalf.

The eligibility of each mail ballot voter will be checked. Challenged ballots will be placed aside and dealt with accordingly. Once voter eligibility is verified, the returned ballot envelopes will be opened and the secret ballot envelopes removed and separated from the returned ballot envelopes. The secret ballot envelopes will then be opened. The ballots will be removed from the secret ballot envelopes and tallied. Ballot secrecy will be maintained.

Note that a majority of votes cast is necessary to be elected. If no nominee received the majority on the first ballot, a run-off with the two candidates receiving the greatest number of votes shall be on the second ballot. If no one receives a majority on the first ballot and there is a tie for second place, a run-off election shall be conducted and the candidate receiving the greatest number of votes on the first ballot and the two persons who tied for second place shall be the nominees on the second ballot. The runoff election shall take place as soon as possible. Until a successor is elected, the incumbent shall remain in office.

Observers

Section 401(c) guarantees the right of a candidate to have an observer at the polls and at the counting of ballots. Observers must be able to see every phase of the election process.

 

Other Matters

Installation of Officers

All elected officers will be installed January 1, 2024 (unless there is a run-off election).

Publication of Results

Section 401(e) of the LMRDA requires that Local 2336 must publish the results of the election in a manner calculated to reach the entire membership.

Election Protests

Election protests can be brought to the Election Committee Chair, Derrick Griffin, at (202) 489-9019. Protests can also be raised via email at either election.cwa2336@gmail.com or election.committee@cwalocal2336.org. Protests will be addressed and contact will be made via what remedies were put in place.

 

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