APPENDIX F
=
&nb=
sp; REPORT OF THE NATIONAL ELECTI=
ONS
COMMITTEE
&nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; February
28 to March 1, 2004
Committee Members: Barbara Kerekes, Chairp=
erson
&nb=
sp; =
&nb=
sp; Barry
Reilly, Member
&nb=
sp; =
&nb=
sp; Jeanne
Smith, Member
Re=
source
Person: =
Louise
Harrod, CEIU Executive Administrator
&nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; PART
1
The National Elections Committee met with the following
purpose:
- to
review problems encountered with the running of national elections;
- to
discuss previous problems experienced and identified via the appeal process=
;
- to
review input received from members;
- to
review and make recommendations to the CEIU By-Laws & Regulations.
The Committee, throughout its
deliberations, maintained the principle of the “Right to Vote”
of each and every member in good standing in CEIU, and all recommendations =
made
herein are based on this principle.
The Committee would like to t=
hank
John Belinsky, Roy Borzellino and Denis Maziade for their input.
Present Election Process
Problems
identified: &n=
bsp;
1. &n=
bsp; Members
in work sites other than the main work site, “satellite offices”
are being denied their “Right to vote” by not being noti=
fied
of an election being held, or the time and place, or not being sent ballots,
etc.
2. The number of ina=
ctive
locals or locals in trusteeship;
3. &n=
bsp; Rands
voting;
4. &n=
bsp; disenfranchising
of large numbers of members when local votes are disallowed due to technical
problems; i.e. incorrect number or missing signatures; missing membership
lists; no certified report; more ballots than signatures, etc.
5. &n=
bsp; declining
number of votes on each subsequent vote taken.
(The above problems are
substantiated by the National Elections Committee report of appeals –=
(See
Attachment #1)
As a result of the above and =
based
on the input of the members, the National Elections Committee has agreed on
“2 Major Recommendations”, which we feel would
provide a much improved election process and alleviate many of the problems
encountered. This approach wo=
uld,
of course, require amending the present By-Laws and/or Regulations.
=
=
&nb=
sp; =
Recommendation
#1
The National Elections Commit=
tee unanimously
and with conviction, recommends that the system of election of “Natio=
nal
Vice-Presidents and their Alternates”, be by direct mail vote to a=
ll
members in good standing.
Rationale
The National Elections Commit=
tee,
based upon the current electoral system and problems identified, is of the
opinion that the present form of election fails to provide the best service=
to
the members of CEIU and in some instances has adversely affected the
members’ democratic right to vote.&n=
bsp;
One member denied his/her right is one too many.
The Committee would like to p=
oint
out that the principle of direct mail voting is presently used by CEIU as p=
er
the By-Laws in the election of the NVP Human Rights and the alternate. The Committee has attached a draft=
copy
of an amendment to Regulation 18, (See Attachment #2)<=
i>,
which would extend this process to all National Vice-presidents and Alterna=
tes.
This change would have many
positive benefits. It would
eliminate the problem of members not being provided their right to vote eit=
her
because they were not sent the necessary ballots or because a local decides=
not
to hold an election etc.
NOTE: =
; The changes address “Pr=
oblems
Identified - 1 through 4" above.
It would also do away with the
premise that some ballot boxes are being stuffed or tampered with and other
perceived improprieties in the conducting of the election.
Bourinot’s Rules of Order=
: “Some organizations, particularly those
operating over a wide territory, may find their purposes best served by the
distribution and return of ballots by mail.”
PLEASE NOTE=
:
The Committee did note that t=
he
above was the subject of various past convention resolutions. Due to the time and problems assoc=
iated
with the electoral process, the Committee feels that this issue must be
revisited in the positive.
The election of delegates to
conventions/conferences will continue to be conducted through local balloti=
ng
committees.
=
=
&nb=
sp; =
Recommendation
#2
The National Elections Commit=
tee
strongly recommends in the future, “Plurality” be used to
elect National Vice-Presidents and Alternates.
Rationale:
The present method of election
requires a “simple majority of votes cast”. This has been interpreted to mean a
“clear majority - more than 50% of the votes cast”. The French interpretation of
“simple majority” means a number of votes higher than that of t=
he
other candidate/s taken individually (Plurality).
The time that it is taking is=
some
instances, has members turned off.
This can be seen by the large discrepancy between the number of votes
cast on a first ballot and the numbers cast when dealing with a fourth,
fifth, etc. ballot. In some cases, the 1st =
NVP
elected needed well in excess of 1000 votes to be officially elected whereas
the 3rd NVP was elected needing 400 votes or less. (See NVP Onta=
rio
election results). Because of the length of the election process, elections
have become the interest of a few members rather than a serious decision by=
the
greater majority of the membership.
Does a vote of 25% or less of a membership entitled to vote truly
represent a democratic method of election? Is it truly reflective of the wi=
shes
of the membership?
It is getting harder and hard=
er to
get members to serve as local balloting chairpersons or members of the local
balloting committee. Because =
of
this, some locals are not holding a vote and others try to do so with untra=
ined
members which in many cases ends with the locals votes being disallowed.
NOTE: In
some situations, the time frames for conducting elections is clearly in
contravention of CEIU By-Law 12 section 3 which states “such elect=
ions
must be scheduled so that the NVPs and their alternates are declared
elected prior to the Triennial National Convention.........” We
are still going through the last
elections.
By using plurality as the bas=
is for
electing, it would:
1. &n=
bsp; Result
in a much higher number of votes overall and thus those elected would be mo=
re
representational of the membership.
2. &n=
bsp; Do
away with the need to vote for more than 1 candidate (see reg.18-sec. 6.2)
which forces members to vote for candidates that they may not want.
3. &n=
bsp; It
would mean only having to vote ONCE for the position of NVP a=
nd
ONCE for the Alternates.
4. &n=
bsp; Bourinot’s
rules, page 75-76 (See Attachment #3) states: “.....elections are usual=
ly
decided by plurality but can be by majority.”
5. &n=
bsp; Plurality
voting is recognized as a democratic method of election in keeping with
Federal, Provincial and Municipal elections.
6. &n=
bsp; PSAC
Rules of Order booklet, page 5 #32, makes reference to Bourinot’s Rul=
es
of order. We would also refer=
the
National Executive to the letter from the President of the PSAC (S=
ee
Attachment #4)
It is for the above reasons t=
hat
the National Elections Committee is recommending the adoption of the above
recommendations to the National Executive.
=
=
&nb=
sp; =
&nb=
sp; =
Should the current system not=
be
amended to reflect the recommendations above, then the following changes to
Regulation 18 need to be considered. (See Part 11 of this Report.)
=
=
&nb=
sp; =
&nb=
sp; <=
u>PART
11
RECOMMENDATIONS:
1. =
; Membership
Lists:
The National Elections Commit=
tee
recommends that the requirement to sign the membership list by the member be
discontinued.
Rationale:
· =
;
Membership
lists should be used by the polling officers to determine the right of a Me=
mber
in Good Standing to receive a ballot only. (Whether the member votes or =
not
is his/her choice.)
· =
;
Responsibility
rests with the local balloting committees.=
The “Certified Report”, is certification of the number of
ballots cast.
· =
;
There
would be no need to return the membership list and members/locals would not
have their votes disallowed and be disenfranchised by a technicality.
· =
;
This
is the same procedure that is presently used in Federal, Provincial and
Municipal elections
2. Regional
Election Date:
The National Elections Commit=
tee
recommends that there be a “Regional General Election DateR=
21;
for the conducting of elections for National Executive officers and that
Regulation 18 be amended as follows:
Sect.9.1( c) “establish and post the gene=
ral
elections date and an advance polling
date. Set the deadline=
for
the reception of documents as provided in Section 11 of this Regulation;
ballots to be counted within two (2) working days of the date of receipt of=
the
ballot envelopes as established in 11.1( c)."
Note: The Advance Poll Date should=
be
set 7 to 9 days prior to the Regional Election Date. This would prevent the Election and
Advance Poll dates from being held on the same day of the week, thereby
accommodating members who work AWA, etc.,&=
nbsp;
to vote.
Rationale:<=
span
style=3D'font-size:14.0pt;font-family:Shruti'>
This would allow the Regional
Election Chairperson for each Region, to establish a Regional Election and
Advance Polling date. This method of setting a regional date enables the
Regional Election Chairperson to have a better control of the process and m=
eans
less work for the staff of the Regional Union Office.
3.
The
National Elections Committee recommends that, should a local not be able to=
set
up a 3-member local balloting Committee, that the above form signed by a
2-member committee be acceptable and that Regulation 18 be amended as follo=
ws:
18.10=
.1(j) Prepare a certified rep=
ort
which will be signed by all members of the Local Balloting Committee.
This
recommendation was put forward prior to Convention. It was to be presented to the Nati=
onal
Executive. Prior to Conventio=
n,
there was a total computer crash at the National Office. While many documents could be retr=
ieved,
some of them were lost including this one.=
The Committee was not aware of this until recently and is taking the
proper steps to rectify the issue.
4.
The
National Elections Committee recommends that the reference to “all ballots” be am=
ended
to read “all ballots cast” and that Regulation 18 be ame=
nded
as follows:
9.1(f)”ensure
that all Local Balloting Committees have sent in the certified report with =
all
necessary documents and all ballots cast;”
11.1(a)”place
in an envelope: the certified
report on the election results; any and all membership application and tran=
sfer
cards; all the ballots cast; the membership validation list;
other lists used to enter the names of voters not shown on the validation l=
ist.
&nb=
sp; =
l
and that all other documentation/voting instruction sheets be amended
accordingly.
Ratio=
nale:
There
is little chance that the number of ballots sent will equal the number of
5.
The
National Elections Committee recommends that Regulation 18 be amended as
follows:
Sec.10.1(
c) That all posters should be posted 10 working days in advance and the date of
posting indicated on the post=
er
If
there is a regional election date, then a poster will be sent to all Locals=
and
work sites with notification =
of the
date of the general election and advance poll
Rationale:
If
the premise of a Regional Election’s date is adopted, then one poster=
can
be made and included with the information being sent to the local for posti=
ng.
This facilitates the posting at the local level and provides better control=
of
the election process. The Com=
mittee
is unanimous in it’s belief that failure to return the dated poste=
r will
not result in the ballots of a local being rejected and disenfranchisin=
g of
the membership.
6.
The
National Elections Committee recommends that membership lists be used to
determine eligibility to vote ONLY;=
that each election process require a separate list and that Regulati=
on
18 be amended as follows:
13.1 =
(g) “a copy of the list of me=
mbers
in good standing which shall be used to verify membership eligibility to vote =
and as
a record of ballots cast. A
separate list shall be sent for each election being conducted . This
list shall be established........”
Rationale:
In
one instance, The National Elections Committee was notified--after the elec=
tion
had been conducted and the membership had voted--that only one (1) membersh=
ip
list had been sent to the locals for use in the conduct of two (2) election=
s. Upon being informed by the Regional
Elections Chairperson, the National Elections Committee had to determine if
there was any way of accepting the votes without having to declare the full
vote null & void. After due consideration and discussion, the Committee
opted for the common-sense approach that the membership had voted in good
faith, and proceeded with the=
count
of the votes in order not to disenfranchise the members.
7.
The
National Elections Committee recommends that it be clearly indicated that w=
ith
each appeal filed, the appellant must furnish supporting documentation and =
that
Regulation 18 be amended as follows:
15.1(a)
amend to read: “Provide=
a written
appeal with supporting documentation ......”
Rationale:
Most
of the appeals filed to date have been with little or no supporting
documentation. Regional Elect=
ions
Chairpersons are not responsible for the conducting of investigations regar=
ding
the allegations made. The dec=
ision
is made on the substantiating documentation provided. If a person makes a charge, then i=
t is
up to that person to provide the proof.
It
should also be noted that the role of the National Elections Committee is t=
hat
of a higher court - or court of last appeal. The Committee reviews the deci=
sion
made by the Regional Chairperson and the By-Laws/Regulation 18, and renders=
a
decision accordingly. While t=
he
By-laws must be followed and the regulations applied, common sense must also be applied =
in the
rulings.
8. Ma=
jority
required:
The
National Elections Committee recommends that simple majority be amended to
indicate a majority representing more than half of the votes cast and that
By-law 18, Section 1, amend to read:
Section
1 ‑ SIMPLE MAJORITY
Unless
otherwise provided by these By‑laws, all decisions requiring a vote s=
hall
be decided by a simple majority of the votes cast majority
representing more than half of the votes cast. (Bourinot’s Rules =
of
Order)
Rationale:
The
term “simple majority” (majorité simple) in French has a
totally different meaning than it does in English. In French, “majorité
simple” refers to a number of votes higher than that of the other
candidates taken individually. In English, it is taken to mean a “cle=
ar
majority” (more than 50%). By
amending the language as indicated above, clarity will prevail.
9.
The
National Elections Committee recommends that, for the purpose of clarity in=
its
application, Regulation 18 be amended as follows:
18 4.1
“In the case of Ontario and Quebec National Vice-Presidents and
Alternates, the members will =
vote
for the required number of candidates not to exceed the maximum numb=
er
of positions available.”
Rationale:
This
makes it clear that the member MUST vote for the number of candidates
being elected and not less.
10.
The
National Elections Committee recommends that the words “simple
majority” be changed to read “the required majority” and =
that
Regulation 18 be amended as follows:
18 4.=
2 “The top three (3)
candidates for National Vice-Presidents who receive a simple majority the required major=
ity of
the valid votes cast will be considered elected. Regarding the election of<=
span
class=3DmsoIns> alternates, the first three candid=
ates
who receive the required majority of valid votes cast shall be
considered elected, and ranked in order of the number of votes received.
Rationale:
The
wording of this section as it stands has two majorities identified. It specifies that for NVPs a
“simple majority” is required to be considered elected while for
the election of alternates it states that “the majority of valid votes
cast” is required to be considered elected. The above will bring both into syn=
c.
11.
The
National Elections Committee recommends that Regulation 18, Section 4.3 be
amended as follows:
“If
more than one (1) ballot is required, and candidate/s are elected, t=
he
ensuing ballot shall show the names of all remaining candidates other than
those previously elected and those whose names were dropped in accordance w=
ith By-Law
18, Section 5 (b), and section 1.3 of this Regulation.”
Rationale:
By-Law
18 mentions that a candidate’s name shall be dropped if NO CANDIDA=
TE
has received a simple majority. The
above, would amend the Regulation so that if a candidate/s were elected, any
candidate receiving less than 20% of the votes cast would have their names
dropped.
12. Ontario and Qu=
ebec
The
National Elections Committee recommends that a new Section 4.4 be added to deal with further ball=
oting
when a candidate is not elected and that&n=
bsp;
Regulation 18 read as
follows:
18.4.4.(New) “If more than one (1) ballot=
is
required, and no candidate=
is
elected, the names of those whose names were dropped in accordance with
By-Law 18, Section 5 (b), and section 1.3 of this Regulation shall be delet=
ed
from the ensuing ballot.”
Rationale:
This
maintains the status quo. If =
no
candidate is elected then the candidate receiving the fewest number of vote=
s as
well as any candidate receiving less than 20% of votes cast will have their
names dropped.
13.
14.
The
National Elections Committee recommends a wording change as indicated below=
to
provide for clearer instructi=
ons.
18
5.1 In the case of the positi=
ons of
Alternates to the National Vice-Presidents for Women’s Issues,=
the
members will vote for the number of candidates clearly indicate t=
heir
choice on the ballot for the required number of candidates not to exceed
the maximum number of positions available.
Rationale:
This
recommendation is made in keeping with other recommendations made by the
Committee indicating “required number”. It gives a more precise definition=
of
what is required.
15.
18.5.=
2 The first two (2) candi=
dates
who receive the majority of valid votes cast the number of valid votes cast
constituting the required majority shall be considered elected and be ranke=
d in
order of the number of votes received.
Rationale:
See
recommendation #8
16.
18.5.=
3 “If more than one=
(1)
ballot is required, and candidate/s are elected, the ensuing ballot shall s=
how
the names of all remaining candidates other than those previously elected a=
nd
those whose names were dropped in accordance with By-Law 18, Section 5 (=
b),
and section 1.3 of this Regulation.”
Rationale:
By-Law
18 mentions that a candidate’s name shall be dropped if NO CANDIDA=
TE
has received a simple majority. The
above, would amend the regulation so that if a candidate/s were elected, an=
y candidate
receiving less than 20% of the votes cast would have their names dropped.
17.
New
18. 5. 4. “If mor=
e than
one (1) ballot is required, and no candidate is elected, the names of those whose names were dr=
opped
in accordance with By-Law 18, Section 5 (b), and section 1.3 of this Regula=
tion
shall be deleted from the ensuing ballot.”
Rationale:
This
maintains the status quo. If =
no
candidate is elected then the candidate receiving the fewest number of vote=
s as
well as any candidate receiving less than 20% of votes cast will have their
names dropped.
18.
If
the National Elections Committee recommendations regarding Regulation 18 Se=
c.
4.1 and Sec. 5.1 are accepted, then Section 6.2 should read as follows:
18
6.2 “Only the
voter’s choice should be marked on the ballot. Ballots will be considered spoiled=
if
anything else is written on the ballot.”
Rationale:
Sections
4.1 and 5.1 tell the member that he/she must vote for the required number of
names. The above wording make=
s it
clear that anything other than his/her choice voids the ballot.
19.
18
Rationale:
This
amendment would take out the reference to the non-member’s ballot bei=
ng
considered as invalid. Since =
we
cannot determine which ballot it is, this simply specifies what will occur =
if
such a member votes.
20.
The
National Elections Committee recommends that sections 7.2 and 7.4=
be deleted, and that a new Section 2.1 (e) be added which would read as
follows:
18.2.1
(e) “Authorize the destruction of ballots.”
Rationale:
Section
7.2 states that Regional Chairs shall retain all ballots until authorized
otherwise by the National Elections Committee. Section 7.4 provides for the automatic destruc=
tion
of ballots after convention, while 9.1 (k) tells the Regional Chairs to ret=
ain
all ballots until authorized by the National Elections Committee to destroy
them. Section 7.2 is therefor=
e not
required since it is covered in 9.1 (k), and 7.4 provides for automatic des=
truction. By deleting 7.2 and 7.4 and adding=
a new
2.1 (e) all sections will now provide that all ballots are to be retained u=
ntil
authorized to destroy them by the National Elections Committee.
21.
If
the recommendation for a regional elections date is adopted, then Section 9=
.1 (
c) should be amended to read:
“establish
and post the general elections date and advance polling date; set the deadl=
ine
for the reception of documents as provided in Section 11 of this Regulation;
ballots to be counted within two (2) working days of the date of receipt of=
the
ballot envelopes as established in 11.1 c).”
Rationale:
Amended
to reflect the provision for a general elections date.
22.
Amend
Regulation 18 Section 9.1 (g)=
to
read: “At the request o=
f the
candidate, he/she or his or her representative (one (1) per candidate) may =
be
present during the verification process, as an observer only.”
Rationale:
According
to the present wording in this Section, a candidate cannot attend the ballot
counting and verification since it provides that one representative per
candidate may attend. This pr=
ovides
authorization for the candidate or their representative to be presen=
t.
23.
“...............;
the candidate will also be allowed to have one scrutineer or his/her representative (one (1)=
per
candidate) may be present at the time of the local balloting count, as an
observer only.”
Ratio=
nale:
See
22 above.
24.
The
National Elections Committee recommends that Regulation 11.1( c); 15.1 (a) =
and
15.1(b) be amended to read as follows:
11.1<=
span
style=3D'mso-tab-count:1'> ( c) .................within =
ten
(10) calendar working days of the deadline date.
15.1<=
span
style=3D'mso-tab-count:1'> (a) ...............no later t=
han
fourteen (14) calendar working days of the release...
15.1<=
span
style=3D'mso-tab-count:1'> (b) .............a decision w=
ithin
fourteen (14) calendar working days of receipt....
Rationale:
This
guarantees that there will be 14 days.&nbs=
p;
When calendar days are used, if there is a holiday that falls within=
the
period, then the time frame is actually shorter.
25.
Section
16 (NEW)
“Once
a candidate is declared elected and the appeal period has elapsed, the
candidate shall have 30 working days from that date to accept or refuse the
position.”
Rationale:
The
Committee feels that it is incumbent on a candidate who is declared elected=
to
make a decision regarding the acceptance or non-acceptance of the position =
to
which they have just been elected within a reasonable period of time. This allows for the Region to proc=
eed
with the election in a fashion that will be both fair and timely. This does not stop a person from r=
unning
for two (2) or more positions. All it means is that if elected to a positio=
n,
he/she would have 30 days to decide which position they wish to accept.
26. Proposed Conve=
ntion
Resolution
The
National Elections Committee recommends that the National Executive look at=
a
resolution to the 2005 Convention that would make any abolishment of Nation=
al
Executive positions effective only as of the NEXT round of elections=
.
Rationale:
If
a member spends the time and money to run for a position and is elected, th=
en
it is not fair for him/her to attend Convention with the expectations of be=
ing
confirmed in the position only to find that the position has been abolished=
.
27.
Section
17 (NEW)
The
National Elections Committee recommends that a new Section 17 be included in
Regulation 18 which would read as follows:
“When
a candidate withdraws his/her nomination after the ballots have been mailed
out, the Regional Elections Chairperson shall instruct the local balloting
committees to strike that candidate’s name from the ballot, as per
section 9.1(l)”
Rationale:
With
the concept of a regional election date, no local will have voted yet. This allows the local balloting
committee, when officially notified to do so, to delete the name of the
withdrawn candidate from the ballot.
At present, the name is left on and some members get told, some
don’t. Some locals may =
have
already voted by the time the candidate withdraws thus rendering their vote
invalid. Since it will be the Regional Elections Chairperson who
authorizes the strikeout, it is not hard when counting the ballots to recog=
nize
that particular amendment of the ballot.
It
will make it easier for members to know exactly who is running.
28.
The
National Elections Committee recommends that a new section 9.1 (l) be added=
to
Regulation 18 as follows:
(l) “upon
confirmation from a candidate in writing of his/her withdrawal, will notify=
the
local balloting committees to strike from the ballot the name of any candid=
ate
who withdraws after the ballots have been mailed out.”