Internal union elections and the LMRDA

Editor’s Note: The following information is being provided as a guide to ensure fair and equal treatment of all candidates during this national APWU election year and to help APWU affiliates avoid election law violations.

Title IV of the Labor Management Reporting and Disclosure Act of 1959, as amended (LMRDA or the Act) establishes election procedures to be followed by all unions covered by this Act, regardless of whether their constitution and bylaws so provide. The Act does not spell out detailed procedures; rather, it sets minimum requirements. Beyond this, elections are to be conducted according to the constitution and bylaws of each union, as long as the union’s rules do not conflict with the provisions of the Act.

Under Section 1209 of the Postal Reorganization Act, unions of U.S. Postal Service employees are subject to the LMRDA.

Therefore, the LMRDA administered by the United States Department of Labor must be followed concerning internal union elections. In addition, sections of the Act contain provisions affecting the use of a labor union publication in internal union elections.

Section 401(g) of the LMRDA provides that: “No monies received by any labor organization by way of dues, assessment or similar levy, and no monies of an employer shall be contributed or applied to promote the candidacy of any person in any election subject to the provisions of this title. Such monies of a labor organization may be utilized for notices, factual statements of issues not involving candidates, and other expenses necessary for holding an election.”

This means that since a union publication is funded by the union, it cannot be used for the purpose of promoting the candidacy of any individual running for union office. Also, a union website that involves the use of union resources to operate also cannot be used to promote (or attack) anyone’s candidacy. The same is true regarding the use of any union facilities and equipment. Such activity is an indirect expenditure of union funds which is prohibited under Section 401(g) of the LMRDA.

To avoid promoting the candidacy of any person, union publications should afford fair and equal treatment or publicity to candidates for union office and be fair and impartial in reporting the activities of candidates.

If it chooses, a union newspaper can make equal space available to each bona fide candidate running for any particular office, as long as the candidates are notified on an equal basis of the availability of the publication for this purpose. The law is specific in this regard. A union newspaper has the choice of all candidates for a particular office – or none. Once the publication decides to open the newspaper to candidates, it must offer space to all candidates for that particular office on an equal basis.

Paid political advertising is legal provided that all candidates for a particular office or offices are given an equal opportunity to purchase space for an ad. And, provided that all candidates are charged the same consistent with space used.

Also, a union may neither attack a candidate in a union-financed publication nor urge the nomination or election of a candidate in a union-financed letter to the members.

If a local endorses candidates for national or state APWU office at a regular or specially called meeting of the general membership, the union may print this information as a straight news story. This news story can be reported only if the decision has been made by the membership at a regular membership meeting and not if the endorsement was made only by the executive board. The story must be written strictly as a news item and must not be allowed to drift over the line into an area of propaganda for (or against) those candidates who are endorsed – or who failed to gain the endorsement.

Moreover, the printing of such endorsements in a news story should be distributed to the publication’s normal mailing list. To increase the circulation in an effort to reach a larger audience only for the purpose of publicizing such endorsements could be construed as employing union funds and/or equipment to advance the candidacy of a candidate or candidates.

A “Letters to the Editor” column should not be used for the purpose of advancing the candidacy of an individual or individuals nor should it be used to attack a candidate or candidates. Letters to the Editor should either be eliminated or closely monitored during the election period in order to avoid conflict with the intent of the law.

These laws are not intended to restrict anyone’s rights, but rather to protect the rights of the membership and to ensure equal treatment for all candidates.

Union election review

Following are some questions that may arise during the APWU national election period. This is by no means a complete list, as it is not possible to cover every situation that could occur. Please contact the PPA for assistance with questions not covered here.

What does “promote the candidacy of any person” mean?

To promote the candidacy of any person means to show a preference for a particular candidate or groups of candidates. This is prohibited regardless of whether the preference is shown by actively supporting one candidate or by attacking another candidate.

I receive an informational article during the election period from a candidate (either incumbent or non-incumbent) which I believe would be of interest to my membership. This person is not a regular contributor or has never submitted an article before. Can I publish the article if no mention is made of the fact that the writer is a candidate?

No. Even though the article makes no mention of the fact that the writer is a candidate the writer is not a regular contributor and therefore would in effect be receiving exposure (during the election period) to the detriment of other candidates.

Would it be appropriate to accept campaign statements from candidates running for specific national offices for publication in a local or state paper as long as each candidate for that specific office is given an equal opportunity to submit a campaign statement?

Yes. This would not be an election law violation as long as all candidates are treated equally. For example, each candidate must be permitted the same amount of words or space and time to submit the statement. The affected candidates should be sent a notice about this opportunity on the same day, preferably by certified mail, return receipt. That way, if there is any question later about equal notification, there will be proof that each candidate was afforded the same opportunity. The statements should also be equally presented so as not to draw more attention to one statement over another. This means, for example, that typographical enhancements such as bold face type, bulleted or numbered lists, type set in all caps, underlined type, or extra punctuation should not be permitted.

If the executive board endorses candidates for national APWU office, can I print this information in the paper?

No. The only kind of endorsements that can be reported in your publication are endorsements made by the general membership at a regular membership meeting. You cannot in any fashion report endorsements made only by the executive board.

When endorsements are made at a general membership meeting and published, they must be presented as a straight news story. The news story must not drift over the line into propaganda (for or against) those candidates who are endorsed – or who failed to gain the endorsement.

Is it legal to sell advertising space in a union publication to candidates?

Yes, provided that all candidates for each office for which ads will be accepted are equally notified of the opportunity (preferably by certified mail, return receipt) to place an ad and all candidates are charged the same rate. Also, such advertisements should be equally presented. That means the advertisement from one candidate should not receive more prominence as in better page placement than an ad from another candidate.

My local has a web page. Can I publish articles on this web page promoting the election of candidates for national office?

No. The same standards apply to web pages as union publications. The web page is a union resource paid for with union funds and union funds cannot be used to promote (or attack) anyone’s candidacy as specified in Section 401(g) of the LMRDA.