We Make America Happen

lee Saunders

President

Laura Reyes

SKrecory· Treosu~r

Richard Abelson }udidol Panel Chairperson

}udidol Panel Members:

Kahim Boles Philodelphla, PA

Richard Gollin

Jersey City, N}

Michael Hanna

Portiand, OR

Sheila Hill

Cotonsvllle, MD

Keith January Oeuoif.MI

Gerard jolly Grove City, OH

Theodon.h McKenna ,,,,,,..,

Los Anieles, CA

Dayton Nakanelua Honolulu, HI

Steve Preble

Itasca.MN

Jim Tucciarelll

Staten Island, NY

.. OH-I~

January 13, 2015

JUDICIAL PANEL CASE N0.14-110 Board of Regents Chapter of Local 2836 Election Protest

GREETINGS:

Enclosed is Judicial Panel member Keith January's decision in the above­captioned case.

Judicial Panel Chairperson

RA:spp

cc: Lee Saunders, President Laura Reyes, Secretary-Treasurer Jim Howell, Regional Director O&FS Tim Birch, AFSD Sal Luciano, Executive Director Council 4 Jon Derman Nick Valsamis Anthony Andosca Oscar Rivera Joseph McAuliffe Christopher Reilly Allesandra Lundberg Anna Prusak Brian Kelly Kristen Downes Matthew Hull Ryan Nobrega

/

American Federation of State, County and Municipal Employees, AFL-CIO TEL (202) 429-1 210 FAX (202) 822-8169 1625 L Street. NW, Washington, DC 20036

JUDICIAL PANEL CASE NO. 14-110 Board of Regents Chapter, Local 2836 Election Protest

This matter concerns an election protest filed by Christopher Reilly and Oscar

Rivera, both members are in good standing with State University Organization of

Administrative Faculty, Local 2836. The Local is affiliated with AFSCME Connecticut

Council 4. After receiving unsatisfactory responses at the local level, Brothers Reilly and

Rivera filed timely appeals with the Judicial Panel. The case was assigned to Judicial

Panel member Keith January for investigation and decision. After giving due notice to

all concerned the hearing was held on December 29, 2014 in Hartford, Connecticut.

THE PROTESTS (See attached)

REPORT OF INVESTIGATING OFFICER

Brother Christopher Reilly stated that he filed the protest based on the Local 2836

Election Committee's failure to mail the notice of election nominations to the members

home addresses, and failure to conduct the election by secret ballot. Brother Reilly also

stated that he received an email concerning the nominations and elections of union

officers with instructions on the appropriate nomination process. The instructions

included details on where, when and the time for the nominations and elections for

union officers. Brother Reilly further stated that during the election held on October 15,

2014, the election committee did not provide a place for the secret ballot voting for the

membership. Finally, Brother Reilly stated that individuals were allowed to enter in

and out of the voting area without being monitored by a voting official.

2

Brother Oscar Rivera stated that his appeal was based primarily on the

candidates not being provided a members' list prior to the election. Brother Rivera

stated that potential voters were not asked for identification during the voting process,

nor were voters provided an opportunity to cast their ballot in secret. Brother Rivera

also stated that members were allowed to loiter in the polling location, and there was a

lack of order at the polling location. Brother Rivera further stated that, to his

knowledge, no official results of the election were given to the members.

Local 2836 Election Committee members Kristen Downes, Matthew Hull, Brian

Kelly, Alex Lundberg, Ryan Nobrega, and Anna Prusak all stated that there was an

email sent to all local members of the nomination and election of union officers giving

the proper fifteen day notice in accordance with the AFSCME Local Union Manual and

the International Constitution. The committee members stated that there was no

mailed fifteen day written notice sent to all local members by United States Postal

Service. The Election Committee further stated that they did provide adequate space at

the polling location for voters to cast their ballot in secret during the elections held on

October 15, 2014. The Election Committee also stated that they were not required by the

AFSCME International Constitution or by the AFSCME Local Union Election Manual to

provide candidates with a member list. The Election Committee further stated that all

proper procedures were used to identify all Local 2836 members in good standing prior

to the members being allowed to vote in the election. The Election Committee stated

that all candidates were given an opportunity to select an observer for the vote count.

Finally, the Election Committee stated that the results of the Election of Officers were

3

submitted, and approved at the Local 2836 General Membership Meeting held on

November 21, 2014.

The AFSCME Local Union Election Manual, and the AFSCME International

Constitution Appendix D-Election's Code, Section 2 D state that, "Not less than fifteen

days prior to the holding of nominations for local union officers, a notice of the

nominations and elections shall be mailed to each member at the member's last known

address." According to the statements provided by all parties there were no fifteen day

notices mailed to Local 2836. The Judicial Panel has consistently held that when this

provision of the International Constitution has not been complied with a new election

must be held. Therefore, this section of the election protest must be upheld.

The AFSCME International Constitution Appendix D, Section 2 F of the

International Constitution states,

1. "Election shall be by secret ballot."

2. "All local union members shall be afforded a reasonable opportunity to vote."

According to the statements provided by all parties, it appears that the voting process

was done properly. Therefore this section of the election protest is denied. Relative to

the section of the election protest that states that new candidates were not provided

with a members list, this is not the responsibility of the Election Committee. Therefore,

this is not a violation of the AFSCME Local Union Election Manual or the AFSCME

International Constitution. Regarding the section of the election protest stating that the

Election Committee did not provide an environment for the secret ballot process, '

statements were given by the Election Committee that they did provide election

4

observers to control and oversee the election process and that the voters were able to

mark their ballots in private. Therefore, these sections of the election protest are denied.

DECISION

Local 2836 Election Committee violated the AFSCME Constitution, Appendix D,

Section 2D. The remaining sections of the election protest filed by Christopher Reilly

and Oscar Rivera are denied. A new election must be held in conformance with the

constitution within 45 days of receipt of this decision.

January 13, 2015 Detroit, MI

Keith January Judicial Panel Member AFSCME, AFL-CIO