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Office of the Election Supervisor for the International Brotherhood of Teamsters

Article III

THE INTERNATIONAL CONVENTION AND NOMINATIONS OF CANDIDATES FOR INTERNATIONAL OFFICE

            Pursuant to Article IV of the IBT Constitution, candidates for International office shall be nominated at the 2016 IBT Convention by delegates to that Convention and, thereafter, shall be elected by the general membership of the Union in secret ballot voting.

1.         The Convention Call

            (a)        The General Secretary-Treasurer shall issue a Call for the Convention not less than ninety (90) days prior to the date of the opening of the Convention, which shall be in June of 2016.

            (b)        In addition to all other information, the Convention Call shall contain the following:

(1)      A statement of the date, time, and place of the opening of the Convention.

(2)      A statement explaining: (a) that no Local Union shall be entitled to representation in the Convention that has not been chartered, affiliated or in good standing for a total of six (6) months prior to the opening of the Convention; (b) that no Local Union shall be entitled to representation in the Convention which, at the time of the Convention Call, is six (6) months or more in arrears in monies due to the International Union or any subordinate body thereof with which such Local Union is affiliated, or which, if less than six (6) months in arrears, has not paid all such arrearages in full at least three (3) days prior to the opening of the Convention, excepting those monies due for the last month, which amounts must be paid by the beginning of the Convention; and (c) that either the General Executive Board or the Election Supervisor may waive any of the foregoing requirements on a non-discriminatory basis.

(3)      A statement that only delegates certified by the Election Supervisor shall be permitted to vote for the nomination of International Officers.

(4)      A statement that each Local Union shall pay the expenses of its delegates and alternate delegates consistent with the Rules or shall make arrangements for such payment by agreement with other subordinate bodies.

(5)      A statement that the failure of any Local Union to send to the Convention all delegates to which it is entitled shall not constitute a basis for challenging the credentials or seating of those delegates sent or otherwise attending the Convention so long as the Local Union has complied with Article II, Section (4)(b)(8) and Article III, Section 3(a) of the Rules.

(6)      A statement that in order to be seated, each delegate at the time of the Convention must be a member in good standing from a Local Union entitled to representation.

            (c)        The General Secretary-Treasurer shall provide a copy of the Convention Call to the Election Supervisor no later than thirty (30) days prior to the date of its scheduled issuance.  The Election Supervisor shall review, and reserves the authority to amend, the contents of the Call prior to its issuance.

            (d)        Any challenge to the portion(s) of the Convention Call dealing with delegates must be filed in writing with the Election Supervisor within fifteen (15) days of issuance of the Call.

2.         Increases or Decreases in Delegate Strength

            On or before May 2, 2016, the Election Supervisor shall determine whether the membership of each Local Union has increased or decreased such that the Local Union is entitled to representation by a greater or lesser number of delegates at the Convention than the number of delegates elected in such Local Union's delegate election.  If the Local Union is entitled to a greater number of delegates, the additional delegates shall be selected from the alternate delegates by rank.  If the Local Union is entitled to a lesser number of delegates, the lowest ranked delegate(s) shall become the first ranked alternate delegate(s).

3.         Attendance at Convention and Payment of Expenses

            (a)        Each Local Union shall send to the Convention and pay the expenses, or make arrangements for such payment by agreement with other subordinate bodies, of all delegates to which it is entitled, unless the Local Union is financially unable to do so and the Local Union membership has voted prior to the time of submitting its Local Union Plan to send less than a full complement of delegates.  A Local Union claiming financial inability shall demonstrate actual financial inability to the General Secretary-Treasurer, subject to review by the Election Supervisor who retains the authority to amend or overrule any such decision.  If the Local Union is permitted and has voted to send to the Convention and pay the expenses of less than a full complement of delegates, the highest ranking delegate(s) shall be those sent and for whom expenses are paid.  Nothing herein shall prohibit any delegate(s) not so sent from attending and being seated at the Convention.  Such delegate(s) may seek contributions to defray any or all of their expenses, provided that such contributions conform to the requirements of Article XI of the Rules.

            (b)        No Local Union shall be required to send to the Convention or pay the expenses of any alternate delegate unless the Local Union has indicated its intention to do so in the Local Union Plan.  If the Local Union sends or pays the expenses of any alternate delegate(s), the highest-ranking alternate delegate(s), shall be those sent and for whom expenses are paid.  Nothing herein shall prohibit any alternate delegate(s) not so sent from attending the Convention.  Such alternate delegate(s) may seek contributions to defray any or all of their expenses, provided that such contributions conform to the requirements of Article XI of the Rules.  No Local Union may pay the expenses of any alternate delegate unless it sends and pays the expenses of its full complement of delegates.

            (c)        A Local Union may not send to the Convention or pay the expenses of any member or guest unless it pays the expenses of all its alternate delegates, regardless of the terms of the Local Union Plan.

            (d)        Local Unions shall pay the actual, reasonable expenses of the elected delegates, including expenses for travel, hotel, and per diem expenses.  A Local Union may not discriminate between its treatment of delegates and its treatment of alternate delegates, except that a Local Union may differentiate between its delegates and its alternate delegates with respect to expenses provided the Local Union acts in accordance with its approved Local Union Plan.  No Local Union may discriminate among or between its delegates.  No Local Union may discriminate among or between its alternate delegates.  No Local Union shall treat a delegate or alternate delegate less generously than a member or guest who is not a delegate or alternate delegate.

4.         Delegate Credentials and Seating

            (a)        No later than thirty (30) days prior to the opening of the Convention, the General Secretary Treasurer shall review with the Election Supervisor the records of dues payments of all certified delegates and alternate delegates.

            (b)        No later than thirty (30) days prior to the opening of the Convention, the General Secretary Treasurer shall review with the Election Supervisor the records of all Local Unions showing the monies paid, or all arrearages and monies due, to the International Union or to any subordinate body thereof with which such Local Union is affiliated.

            (c)        On or about June 1, 2016, the Election Supervisor shall issue an initial report on delegate and alternate delegate credentials to the General Secretary Treasurer, the Credentials Committee, the Local Union Secretary-Treasurers and all certified delegates and alternate delegates, indicating which certified delegates and alternate delegates are eligible to be seated.  For those certified delegates whom the Election Supervisor initially determines are not eligible to be seated the report shall state the reason(s) for such initial determination.

            (d)        Challenges to this initial report may be filed with the Credentials Committee at any time after its issuance.  Any such challenger shall provide a copy of the challenge to the Election Supervisor and to the delegate(s) or alternate delegate(s) being challenged, simultaneously with the filing with the Credentials Committee.  No such challenge may be filed over issues or events covered by the protest procedures of Article XIII of the Rules.  Each credentials challenge shall contain a clear and concise written statement of the basis of the challenge and shall include the name(s), address(es), telephone number(s) and Local Union number(s) of the challenger(s).

            (e)        The Credentials Committee shall make the initial decision on challenges subject to review by the Election Supervisor, who retains the authority to amend or overrule any such initial decision.  Refusal by a Local Union to pay arrearages or monies due to the International Union or to any subordinate body thereof with which such Local Union is affiliated shall not necessarily constitute a basis for refusing to seat the delegates of such Local Union.  Certified delegates from a Local Union that has been restructured or reorganized after the Local Union's delegate and alternate delegate election shall be seated where to do otherwise would have the effect of disenfranchising all or a portion of the electorate.

            (f)        Immediately prior to the opening of the Convention, the Election Supervisor shall issue a final report on credentials, which report shall resolve all challenges and shall list, by Local Union number, all delegates and alternate delegates eligible to be seated at the Convention.

            (g)        The failure of any Local Union to send to the Convention all delegates to whom it is entitled shall not constitute a basis for challenging the credentials or seating of those delegates sent or otherwise attending the Convention so long as the Local Union has complied with Article II, Section 4(b)(8) and Article III, Section 3(a) of the Rules.

5.         Nominations

            (a)        At the Convention, delegates shall nominate candidates for General President, General Secretary-Treasurer, regional Vice Presidents as determined by Article IV, Section 1(b) of the Constitution, seven (7) at-large Vice Presidents, and three (3) Trustees.  The geographical boundaries of the four United States Area Conferences, as they existed at the time of adoption of the 1991 IBT Constitution, and of Teamsters Canada shall be used to determine the number of regional Vice Presidents to be elected under Article IV, Section 1(b) of the Constitution and the number of delegate votes needed to qualify for the ballot as a candidate for regional Vice President, for the purpose of satisfying the requirements of Article IV, Section 2(a) of the IBT Constitution.

            (b)        The Election Supervisor shall supervise the floor nomination process and the secret ballot nomination vote.  The Election Supervisor shall determine the schedule and procedures for such nominations in consultation with the International Union with the purpose of completing the nominations efficiently and cost effectively consistent with the preservation of the rights guaranteed to the candidates, delegates, and membership by the Rules and applicable law.  The schedule and procedures shall be embodied in supplemental rules subject to the approval of the General Executive Board and the Government pursuant to the 2016 Election Agreement, and those supplemental rules shall be published to all declared candidates, IBT affiliates, delegates and alternate delegates at least sixty (60) days prior to the opening of the Convention.  The procedures established for the nomination of International Union officers shall, in any event, be consistent with the provisions of this Article.

            (c)        The order of floor nomination of candidates for the same position shall be determined by a lot drawing conducted by the Election Supervisor.  No candidate shall make or, second his/her own nomination.  Candidates shall be limited to a single nominator and a single seconder.  The Election Supervisor shall determine the amount of time to be allocated for nominating and seconding speeches for candidates for each position.  A member nominating a candidate for International office, or seconding the nomination of a candidate for International office, may state that the candidate is being nominated, or the candidate's nomination is being seconded, as a member of a slate and further may identify such slate by name.

            (d)        Eligibility of a candidate nominated from the floor for any International Officer position shall be determined in accordance with Article VI of the Rules.

            (e)        The placement of candidates on the ballot shall be determined by lot drawing conducted by the Election Supervisor.

            (f)        A candidate must accept floor nomination in person at the time made, unless he/she is absent and has previously submitted a written acceptance of nomination to the Election Supervisor.  A candidate must accept nomination resulting from the secret ballot nomination vote in person prior to the start of the regular business of the morning session of the fifth day of the Convention, unless he/she has previously submitted a written acceptance of nomination to the Election Supervisor.  Should all candidates nominated by the secret ballot nomination vote for a particular office decline nomination, or an insufficient number accept nomination, a new nomination for that office shall be conducted.

            (g)        In order to be nominated to run in the direct secret ballot rank-and-file election for General President, for General Secretary-Treasurer, for any of the seven (7) at-large Vice President positions or for any of the three (3) Trustee positions, candidates nominated from the floor must receive at least five percent (5%) of the delegate votes cast in the secret ballot nomination vote.  In order to be nominated to run in the direct secret ballot rank-and-file election for the position of regional Vice President, candidates nominated from the floor must receive at least five percent (5%) of the delegate votes cast from the relevant delegate pool.  In calculating the number of votes necessary in the secret ballot nomination vote, any fraction shall be rounded to the next larger whole number.

            (h)       No member may accept a floor nomination or appear on the nomination ballot as a candidate for both General President and General Secretary-Treasurer.

            (i)        No member may accept a floor nomination or appear on the nomination ballot as a candidate for more than one (1) Vice President position.

            (j)        No member may accept nomination to run in the secret ballot direct rank-and-file election for more than one (1) International Officer position.

            (k)       Where the number of floor nominations does not exceed the number of positions open for election, there shall be no necessity for any further nomination or election with respect for such floor nominee(s), and such nominee(s) shall be declared duly elected.  Where the number of nominations resulting from the secret ballot nomination vote does not exceed the number of positions open for election, there shall be no necessity for the election of such nominee(s) and such nominee(s) shall be declared duly elected.

            (l)        Following International Officer nominations, the Election Supervisor shall immediately verify the nomination results.  All results shall be announced to the Convention by the Convention Chair.

            (m)      Candidates duly nominated for General President and General Secretary-Treasurer by virtue of receiving five percent (5%) of the ballots cast in the secret ballot nomination vote may address the Convention with an acceptance speech, the length and time of which shall be determined by the Election Supervisor.  Aligned candidates for the position of General President and General Secretary-Treasurer may pool their acceptance speech times.

            (n)       Any protest with respect to the eligibility of a person nominated from the floor as a candidate for International office must be filed within one (1) hour of the close of floor nominations for that office.  Any other protest with respect to the nomination or election at the Convention of a candidate for International office where the remedy sought is disqualification of the candidate must be filed no later than one (1) hour after announcement of the results of the secret ballot nomination vote for that office.  These time limitations shall not be construed so as to extend the time for filing a protest which would otherwise be governed by Article XIII of the Rules.

                        Any appeal from the decision of the Election Supervisor on a protest within the preceding paragraph must be filed with the Election Appeals Master within two (2) hours of the receipt of the decision.  Such an appeal shall be heard and decided by the Election Appeals Master prior to the conclusion of the Convention.

(o)       The Convention shall not adjourn prior to verification of the nomination of at least one (1) candidate for each and every International Officer position.

(p)       If any member who has accepted nomination to International office at the International Convention should die before the election, his or her name shall nevertheless appear on the ballot.  In the event the name of the deceased nominee shall receive the requisite number of votes to be elected, the position shall then be filled in the same manner as vacancies are filled when they occur during a term of office.

            (q)        After a candidate has accepted nomination he/she may not, under any circumstance, revoke acceptance once the ballots are printed.