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LIUNA Local 183
Report of Judges of Election and Installation of O...
Report of Judges of Election and Installation of Officers
7/11/2011 12:02:41 PM
Letter dated: July 8, 2011
Addressed to: The Executive Board of Local Union 183 and Judges of Election


Dear Sirs and Brothers:

My designee and representative during this interim period, John Billi, has reported that in light of the various challenges and protests involving the recent election of officers at Local Union 183, the Judges of Election are seeking guidance and advice regarding their appropriate role at the upcoming general membership meeting on Sunday, July 10.

As you know, the ordinary post-election responsibilities of the Judges of Election are set out at Article VI, Section 3(1) of the Uniform Local Union Constitution. That Section mandates that at the meeting following the election the Judges shall submit a written report of their activities following nominations and the conduct of the election and attach thereto the official list of candidates containing the election results signed by them after the tally was completed; thereupon, the newly elected officers are to be duly installed in office and to assume their duties and responsibilities.

However, pursuant to the authority delegated to him by the General Executive Board of the International Union and pursuant to his independent constitutional authority under Article VII, Section 8 of the International Union Constitution, the Elections Officer assumed jurisdiction over the election of all Local Union officers scheduled for 2011 in conjunction with the election of convention delegates and issued rules approved by the General Executive Board governing such Local Union officer elections. In particular, Article 1, Paragraph B Section 3(a) thereof provides that for local unions which are to elect officers in 2011, the nomination and election of Convention delegates shall be combined with the nomination and election of local union officers and that said rules shall apply to those elections. In that capacity, that office has been entrusted and empowered to oversee the instant election of officers at Local Union 183, to adjudicate any resulting protests and to certify any election result.

Accordingly, the Elections Officer issued an extensive and detailed report dated July 4, 2011 after a recount and reconciliation of the ballots cast on election day. That report affirmed that there was no change in the identity of those candidates originally found to have won their respective elections for local union office. Various incumbent officers have challenged those actions by the Elections Officer both at the OLRB and in Provincial Court. As of today, the OLRB has dismissed the incumbent officers' interim application to order a rerun election or otherwise maintain them in office.

In these circumstances and pursuant to my authority under Article IX, Section 11(b) of the International Union Constitution as well as such other provisions that may be relevant, I hereby direct and authorize that in lieu of a report by the Judges of Election at the general membership meeting on July 10, my designee and representative John Billi shall read relevant portions of the report and post the report of the Elections Officer dated July 4, 2011 and that the candidates elected to office identified in said report shall then be installed in office by Vice President and Regional Manager Joseph Mancinelli pursuant to Article VI, Section 3(1) of the Uniform Local Union Constitution. In so doing, it is understood that the Elections Officer as of July 10 may still have under consideration a variety of protests regarding pre-election conduct by various individuals and candidates and that his order regarding such matters, once issued, will be subject to appeal to the Appellate Officer and may direct a rerun election in whole or in part; should that occur, then in accordance with the normal and customary practice of the International Union, the newly installed officers shall remain in office pending the result of any rerun election. All incumbent officers are expected and directed to fully cooperate herewith.

Notwithstanding Brother O'Brien's letter dated July 8, 2011 to the Judges of Election, any effort to obstruct or otherwise interfere with the proceedings to take place at the general membership meeting on Sunday, July 10 as described herein will result in the immediate imposition of an emergency trusteeship and/or disciplinary proceedings. The Judges of Election have no authority, jurisdiction or competence to make any ruling, interpretation or decision regarding any of the matters raised by Brother O'Brien.

With kind regards, I remain

Fraternally yours,

TERRY O'SULLIVAN
General Presidentprint


Relatd Articles
5/20/2011 1:42:41 PM - 2011 LIUNA Local 183 Elections
7/11/2011 3:02:16 PM - Official 2011 Election Results

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