1. Membership in good standing. Eligible to vote will be any member “in good standing in any of the three months preceding by at least 30 days the month of nominations as shown by remittances received not later than the 15th day of the month preceding the nominations.” TNG-CWA Constitution, Article XXII, Section 6(b). Given that a member may remain in good standing if one month in arrears, the SERC has determined that members will be eligible to vote if they have paid dues for the months of September, October, November, or December 2010 as determined by appropriate remittances of constitutional obligations received not later than January 15, 2011. See Article XVIII, Section 9 of TNG-CWA’s Constitution (which allows certain limited delinquencies without loss of good standing). You will need to scrutinize your membership pre-lists. Only those members listed, and in good standing will receive ballots.
2. Remittances of financial obligations. Timely remittance of membership financial obligations to TNG-CWA is a condition of voting in a Sector Election. Members are qualified to vote if timely remittance occurred by January 15, 2011. Please note that even if a member is on checkoff, or has actually paid his or her dues to the local, eligibility will not automatically result if the dues checked off or paid to the local are not reflected by remittances to TNG-CWA within the deadlines outlined above.
Eligibility in such cases, however, may be established by local protest to the SERC. (See TNG-CWA Constitution Article XXII, Section 6(e).) It is therefore critically important for your local to carefully review the official SERC eligibility list which the SERC will send to your local by overnight delivery on Friday February 18, 2011. Should any members in good standing have been erroneously omitted from the eligibility list, your local must immediately contact the SERC, care of the Secretary-Treasurer’s office, and provide adequate documentation of good standing status.
3. Locals are reminded in advance of that portion of Article XVIII, Section 13 of TNG-CWA's Constitution which reads: "...Where a member's dues and assessments are checked off under Guild contract, such member shall be deemed to be in good standing until revocation of such checkoff, unless he or she shall have failed to fulfill any other constitutional obligation to the Guild; provided, eligibility for voting in Sector elections and referenda must be established by per capita remittances as required by Article XXII, Section 6." This has special bearing in cases where management will not deduct dues or other obligations from members' vacation pay. In such circumstances Locals should indicate this fact and certify that appropriate financial obligations will be deducted from the members' pay upon their return from vacation. (See also Article XXII, Section 6(e), appended to the SERC Rules, which are attached.)
4. Deadline for receipt at TNG-CWA Headquarters of protests regarding eligibility lists, with supporting documentation is Sunday, March 20, 2011. Objections may be faxed, e-mailed or mailed, but must be received by the deadline. Your specific attention is directed to SERC Election Rule 6 (see also Article XXII, Section 6(d) of TNG-CWA's Constitution) which requires that "Protests regarding voter eligibility with all supporting documentation must be received at TNG-CWA headquarters by not later than the end of business on the thirtieth (30th ) day following the date of the postmarked mailing of the notification of a pending election by the SERC. Protests and supporting documentation received after the deadline shall not be considered." The deadline for TNG's receipt of any local challenge to the SERC eligibility list is Sunday, March 20, 2011. Given that the deadline falls on a weekend, any hard copy documents must be received in Guild offices by Friday March 18, 2011. Faxes and electronic transmissions received on March 20 will be accepted.
Should the SERC grant a local challenge, the SERC will notify the local of any amendment to the official eligibility list.
5. Under the new election procedures, all ballots will be mailed back to a central SERC P.O. Box for pickup and counting by the SERC. However, locals have a choice as to how to distribute ballots to their members. Under the Constitution and the Election Rules, the methods of ballot distribution may include:
i. Local in person balloting on specified dates within the six day voting period designated by the SERC (see paragraph 7 below);
ii. Local mailing of ballots to members, for their return by mail by voters;
iii. Local hand distribution of ballots to members, for their return by mail by voters; or
iv. SERC mailing of ballots to members.
The Local may choose to use different methods of balloting in different units within the local.
6. Locals must timely notify the SERC of the method of ballot distribution that they will use within their local, or within various units within their local. Locals must notify the SERC of the number of members eligible for each method and the exact dates of any in-person balloting. This notice of balloting method must further be received by the SERC in writing no more than 14 days following the local's receipt of the notification of a pending election. Thus the deadline will likely be Monday, March 7, 2011.
It is important the Locals provide the SERC with timely and accurate information regarding the method of balloting in their units and locals, as the SERC will be preparing all Election Notices, to be mailed by Locals to members at their home addresses at least 15 days before the election. The Election Notice must accurately state the method and date of balloting.
7. The SERC has set Monday, May 2 through Saturday, May 7, 2011, as the six-day voting period. Any in-person balloting must be conducted during this six-day voting period.
8. If the Local chooses to have the SERC mail ballots directly to voters, the local must arrange with TNG for the payment of postage of that ballot mailing. Payment must be arranged by the March 7, 2011 deadline for notification of balloting method.
9. The SERC will meet at TNG-CWA headquarters Wednesday, March 23, 2011, to inspect and assemble ballots and other election materials for distribution to the Locals. Ballots and related election materials will be mailed from TNG-CWA Headquarters no later than Friday, March 25, 2011.
10. Locals must send the SERC confirmation of ballot distribution to the TNG Secretary-Treasurer by May 11, 2011.
All unused election material must be returned to the SERC at the conclusion of the six-day voting period. This includes all unused ballots, spoiled ballots, signed eligibility lists, explanation of LEC rulings on challenged ballots, etc.
11. Ballots must be received at the SERC post office box by Friday, May 27, 2011.
12. The SERC will collect ballots from the SERC P.O. box on Tuesday, May 31 2011. The SERC will count ballots at TNG-CWA Headquarters beginning Wednesday June 1, 2011.
13. Election Rules. Rules governing the conduct of TNG-CWA elections and referenda are ongoing from year to year and remain intact and in force unless amended by the SERC. The rules as last amended by the SERC on December 13, 2010 are enclosed for your early guidance and instruction.
Your specific early notice is drawn to several of these rules.
Section I, Rule 1 prohibits the use of TNG-CWA or local union, or employer monies to promote the candidacy of any person. "Included in this prohibition is promotion of an individual's candidacy by use of any union's letterhead or other stationery paid for by union funds or bearing the union's seal or insignia, by use of a union's newspaper, or by use of a union’s equipment, including computers and electronic bulletin-board access paid for by the union.
Union monies may be used, however, for notices, factual statement of issues not involving candidates, and other expenses necessary for the holding of an election. It also is permissible for a union to publish in its newspaper or newsletter statements submitted by candidates, or letters to the editor about candidates, as long as all candidates are treated equally.”
Section II, Rule 1 requires that "Each Local shall have a Local Election Committee of at least 3 members (LEC) of which one member shall be Chairperson. An LEC shall, to the extent possible, be bi-partisan or non-partisan."
With the voting period not far off, local leaderships might wish to begin determining availability of members for such assignments now.
Section II, Rules 3 and 7 provide that the Local’s Executive Committee, or such other governing body as designated by local by-law, will decide whether voting will be by mail ballot or in person, and will further decide the exact time and place or places of voting which will occur during the six day voting period designated by the SERC, as detailed above. Members of the Local’s Executive Committee, or other governing body designated to handle the election, must certify via signature their assent to the local’s chosen balloting method in the notice they send to the SERC identifying the chosen balloting method.
Again, with the March 7 deadline for notifying SERC of the local balloting method, local leadership will want to take immediate action to determine the time and method of voting.
If you have any immediate questions, please forward them to the SERC through me at TNG-CWA Headquarters.