- Messages
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- Facility
- Command Center
With respect to these elections there have been instances of facilities not distributing ALL candidate literature on their facility boards (as instructed on ALL candidates literature that have been mailed to facilities). Attached are three instances that MUST be remedied.
People at ALL facilities have a right to question this and should approach their FACREP asking why the literature from the candidates is not posted.
DOL/OLMS Regulations (U.S. Department of Labor - Office of Labor-Management Standards (OLMS) - Conducting Local Union Officer Elections) the following MUST be observed:
A union must comply with all reasonable requests by a candidate for distribution of campaign literature at the candidate’s expense. Federal law does not define “reasonable request” but election officials should try to comply with all requests to the extent possible, since any refusal might later be determined to have been unreasonable.
Each candidate must be treated equally with respect to the cost of distributing campaign literature. There is no requirement that the union distribute literature free of charge. However, if a union distributes any candidate’s literature without charge, all other candidates should be notified that they are also entitled to have their literature distributed without charge.
A union should inform all candidates of the procedures for distributing literature in advance of the campaign period.
A person need not be formally nominated to be entitled to distribute campaign literature. A union must distribute campaign literature for a bona fide candidate seeking to be nominated who makes a request, even if a union rule prohibits campaign mailings prior to nominations.
A union may not regulate the contents of campaign literature it is asked to distribute and may not require that it be permitted to read the literature before distribution. The union may not censor campaign literature in any way, even if the literature includes derogatory remarks about other candidates. A union’s contention that mailing certain campaign literature may constitute libel does not justify a refusal to distribute the literature since the union is under a legal duty to distribute the material.
A union must honor requests for distribution of literature to all members in good standing and must also honor requests for distribution to only a portion of the membership if such distribution is feasible.
A union may not refuse to distribute literature because it has no staff or a small staff. If necessary, a union should employ additional temporary staff, use a professional mailer, or have the election officials make the distribution in order to comply with any requests. Any costs (for producing address labels, hiring temporary employees, etc.) can be passed on to each candidate requesting a distribution of literature.
People at ALL facilities have a right to question this and should approach their FACREP asking why the literature from the candidates is not posted.
DOL/OLMS Regulations (U.S. Department of Labor - Office of Labor-Management Standards (OLMS) - Conducting Local Union Officer Elections) the following MUST be observed:
A union must comply with all reasonable requests by a candidate for distribution of campaign literature at the candidate’s expense. Federal law does not define “reasonable request” but election officials should try to comply with all requests to the extent possible, since any refusal might later be determined to have been unreasonable.
Each candidate must be treated equally with respect to the cost of distributing campaign literature. There is no requirement that the union distribute literature free of charge. However, if a union distributes any candidate’s literature without charge, all other candidates should be notified that they are also entitled to have their literature distributed without charge.
A union should inform all candidates of the procedures for distributing literature in advance of the campaign period.
A person need not be formally nominated to be entitled to distribute campaign literature. A union must distribute campaign literature for a bona fide candidate seeking to be nominated who makes a request, even if a union rule prohibits campaign mailings prior to nominations.
A union may not regulate the contents of campaign literature it is asked to distribute and may not require that it be permitted to read the literature before distribution. The union may not censor campaign literature in any way, even if the literature includes derogatory remarks about other candidates. A union’s contention that mailing certain campaign literature may constitute libel does not justify a refusal to distribute the literature since the union is under a legal duty to distribute the material.
A union must honor requests for distribution of literature to all members in good standing and must also honor requests for distribution to only a portion of the membership if such distribution is feasible.
A union may not refuse to distribute literature because it has no staff or a small staff. If necessary, a union should employ additional temporary staff, use a professional mailer, or have the election officials make the distribution in order to comply with any requests. Any costs (for producing address labels, hiring temporary employees, etc.) can be passed on to each candidate requesting a distribution of literature.
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