Thread: Spirit of NKS
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Old 08-31-2014, 09:45 PM
  #7784  
EricJ320
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Joined APC: Mar 2011
Position: Underemployed!
Posts: 116
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Seriously, some of you really should open the constitution and by-laws before throwing around accusations of MEC conspiracies!

(3) When a vacancy occurs as in (1) and (2) above, it shall be filled by election of an Interim Status Representative as follows: The Local Council Chairman shall call a Local Council meeting for the purpose of nominating and electing an Interim Status Representative. The Local Council, at that session, shall nominate and shall elect by secret ballot such Interim Status Representative to temporarily fill the existing vacancy.
G. PROXIES

Proxies for a Local Council meeting must be in writing, from an Active member in good standing, and for the specific subjects listed on the published agenda. Stated on the proxy must be the name of the person issuing the proxy, the person to whom issued, and the subjects covered by the proxy. No member shall be able to vote more than three (3) proxies. Proxies may be used in any vote by secret ballot in a Local Council meeting except those votes enumerated in Section 3E of this Article.
E. VOTING

At all meetings of a Local Council, all questions coming before such Council shall be decided by a majority vote of the Local Council members in attendance (including valid proxies except as provided in the following sentence) and each Active Local Council member in good standing shall have one (1) vote. Proxies may not be used for secret ballots required in Article III, Section 2E(3) (Interim Status Representatives); Article III, Section 7A(1) (Nomination of Representatives); Article IV, Section 2B (Strike Votes); Article IX, Section 7B (Assessments), and ALPA's contract ratification procedures.
And before you say the MEC should make a special consideration or election process for this case, doing so could be in violation of federal law...

Directly from the Department of Labor website...
Frequently during the term of office, a union official will resign or a vacancy will occur for some other reason, such as the death of the incumbent. The act is silent on the specific point of what should be done in filling the unexpired term of office. A union may therefore fill such a vacancy by using the procedure provided in its constitution and bylaws. The procedure should comply with the general standards of union procedure set forth in title I (the bill of rights) of the LMRDA or 29 CFR 458.2.
As best I can tell, they are following the rules. If you want to take part in the vote, get to the meeting. If you think the rules need to be amended, run for LEC and go to the next BOD meeting and present a resolution for changing them.

Last edited by EricJ320; 08-31-2014 at 10:03 PM.
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