1. Constitution and Bylaws
The nomination and election of SEIU, Local 121RN officer position of President, Vice-President, and Secretary-Treasurer will be conducted in accordance with the SEIU International Constitution; the bylaws of Local 121RN; and the Labor-Management Reporting and Disclosure Act of 1959, as amended.
2. Term of Office
The officers elected will serve a three-year term which will begin at the first Executive Board meeting of the calendar year after the election and hold the same until their successor take office. Article 8, A and H.
3. Eligibility to Hold Office
Any member who has been in continuous good standing for at least two years immediately preceding the nomination (defined in the SEIU, International Constitution as members who pay all dues and other financial obligations “within each month when due”) may run for office.
SEIU, Local 121RN’s bylaws define good standing as follows:
Anyone eligible for membership under Article 4 who has filed an application and who is current with dues and initiation fees pursuant to a collective bargaining agreement shall be considered to be in good standing.
The Election Committee has defined this two-year period as being from June 1, 2020 through May 31, 2022.
In order for a member to run for office, they must be current in all dues owed between June 1, 2020 through May 31, 2022 before they can be nominated. It is up to the individual member to know or inquire as to whether they are current in their dues or other financial obligations.
The Election Committee has been notified by the SEIU, International’s attorney that the expectation is that a member pay a minimum of $40.00 per month regardless of dues generated pursuant to SEIU, Local 121’s percentage based system. This Election Committee is providing a grace period for those nominees who are or were not current in all dues or other financial obligations that were owed from June 1, 2022 through May 31, 2022. Accordingly, if there were any months in which a member did not pay $40.00 in a specific month, the member must become current by August 29, 2022 by paying the different between what the employee paid in a specific month and the minimum dues of $40.00 per month. This is pursuant to the attorney for SEIU, International.
4. Nomination and Election Notice
A nomination and election notice will be posted on union bulletin boards at all work sites, e-mailed to last known e-mail address, the Local 121RN offices and the last known address of Local 121RN members on or about August 1, 2022.
5. Nomination of Candidates
Nomination petitions for the offices of President, Vice President, and Secretary-Treasurer.
As provided in the SEIU Local 121RN Bylaws, any member who is current with dues pursuant to a collective bargaining agreement owed through May 31, 2022, by August 29, 2022, is in good standing and eligible to nominate candidates.
Members will have from August 8, 2022 through 12:00 p.m on August 30, 2022 to collect and submit signatures. All completed petitions are due no later than 12:00 p.m. on August 30, 2022. All completed petitions must be submitted by fax to (888) 371-1238 or emailed to electionscommittee@SEIU121RN.org.
6. Nomination Acceptances
Candidates must accept nomination on the nomination petition by indicating “yes” on the petition and signing it. The petition must be submitted by 12:00 p.m. on August 30, 2022, by fax to (888) 371-1238 or emailed to electionscommittee@SEIU121RN.org.
7. Candidate Eligibility Determinations
The Election Committee will review the SEIU International Constitution, Local 121RN’s Bylaws, and Local 121RN’s dues records to determine the eligibility of all nominees. Eligible nominees will be notified of their eligibility, e-mailed a copy of these rules, and asked how they wish their names to appear on the ballot. This will be done after 12:00 p.m. on August 30, 2022.
Ineligible nominees will be advised of the reason(s) they are not eligible to run for office. In the event that a nominee is deemed non-eligible because of a nominator’s failure to be a member in good standing, the nominee will be given an opportunity to replace the non-eligible nominator(s) with members that are in good standing. The candidate shall cure such signatures by 4:00 p.m. on September 1, 2022. The nominee shall send the new nominators to the following e-mail address: electionscommittee@SEIU121RN.org.
If the nominee desires to appeal the Election Committee’s determination that they are not eligible, the nominee shall send their appeal to the following e-mail address: electionscommittee@SEIU121RN.org. The nominee must file their appeal by 4:00 p.m. on September 1, 2022. Unless the Election Committee changes or modifies its decision regarding the ineligible nominee by 11:59 p.m. on September 1, 2022, the Election Committee’s decision regarding ineligibility will become final as of 12:00 a.m. on September 2, 2022. The Election Committee can extend the time for the Election Committee’s response.
The following are the eligibility rules under the International’s Constitution that apply to any member who wants to be a candidate for nomination and election to local union office. They are as follows:
A. Two Years Continuous Good Standing. The nominee has paid all dues and other financial obligations on or before the last day of each month when due immediately preceding the nomination. As discussed above, the Election Committee is providing a grace period for nominees to become current by August 29, 2022.
B. No Conviction of a Disqualifying Crime. Disqualifying crimes for any candidate as listed under LMRDA Section 504. The period of disqualification is 13 years from the conviction or from the end of any imprisonment resulting from such conviction, whichever is later.
C. Members Paying less than full dues are ineligible. Associate members, life members, and members paying less than the full dues required for working members of the local union are not eligible for nomination as an officer, member of the executive board, delegate, or any other office in the local union. See 2004 SEIU Constitution and Bylaws, Article XV, Sec. 2.
D. Time for Campaigning. The local must provide a reasonable period of time prior to the election during which candidates and their supporters may engage in campaigning.
E. Equal Treatment. The local must treat all candidates equally with regard to the opportunity to campaign. Campaign rules must be the same for everyone and any privileges extended to one candidate must be extended to all candidates for the same position.
F. Distribution of Campaign Literature. Section 401 (c) of the LMRDA requires unions to comply with all reasonable requests of any candidate to distribute his/her campaign literature to members in good standing at the candidate’s own expense.
G. Inspection of Membership List. Section 401 (c) also provides that each bona fide candidate for office has a right once within thirty (30) days prior to the election in which he/she is a candidate to inspect a list of names and last-known addresses of all members of the local union (in their bargaining unit).
H. Prohibition on the Use of Union or Employer Funds or Resources. Section 401 (g) of the LMRDA prohibits the use of any employer or union funds to promote the candidacy of any person to union office. Any expenditure on behalf of a candidate, even if the amount is small, is a violation and constitutes grounds to set aside an election. Campaigning on union or company time is prohibited.
8. Meeting with Candidates
At 3:00 p.m. on Friday, September 2, 2022, the Election Committee will meet with all candidates to discuss election procedures, inspection of the union’s membership list, distribution of campaign literature, observers, and other campaign rules. This meeting will be conducted via bluejeans. A link will be provided at a later date.
9. Inspection of the Membership List
Each potential candidate may inspect (not copy) Local 121RN’s membership list once within 30 days prior to the mailing of the ballots. No candidate is entitled to receive a copy of the list. The membership list will be available for inspection at Local 121RN’s Pasadena office between 9:00 a.m. and 5:00 p.m., Monday through Friday, from August 12, 2022 through September 14, 2022.
10. Distribution of Campaign Literature
Local 121RN will contract with a mailing house that will be authorized to use the membership list to distribute campaign literature to members at the candidate’s expense. The candidate shall notify the Election Committee of their desire to use the mailing house to distribute campaign material. The Election Committee shall notify the mailing house that the candidate is approved to use the membership list for mailing of campaign material. The candidate shall be responsible for the cost of the mailing, including the cost of postage at the appropriate rate (i.e. not at the non-profit rate afforded to Local 121RN) and coordinating with the mailing house regarding any mailing.
11. Campaign Restrictions
Federal law prohibits the use of any union or employer funds to promote the candidacy of any person in a union officer election. This prohibition applies to cash, facilities, equipment, vehicles, office supplies, etc., of Local 121RN and any other union, and of employers whether or not they employ Local 121RN members. Union officers and employees may not campaign on time paid for by the union. Federal law also provides that candidates must be treated equally regarding the opportunity to campaign and that all members may support the candidates of their choice without being subject to penalty, discipline, or reprisal of any kind.
12. Voter Eligibility
As provided in Local 121RN Bylaws, any member who has paid dues through May 31, 2022 prior on August 29, 2022 will be eligible to vote in this election. SEIU, Local 121RN’s bylaws define good standing as follows: Anyone eligible for membership under Article 4 who has filed an application and who is current with dues and initiation fees pursuant to a collective bargaining agreement shall be considered to be in good standing.
13. Nomination and Election Notice
A notice of nomination and election will be mailed to the last known home address of each Local 121RN member on or before August 1, 2022.
14. Observers
Candidates are entitled to have observers present at all phases of the election, including the tally of ballots. Candidates should submit the names of their observer(s) via e-mail to Election Chairperson Kerry Cavazos prior to the mailing of the ballots. That submittal shall be made to: electionscommittee@SEIU121RN.org.
15. Election Process
MK Elections, a neutral third-party election monitor, will conduct this election via mail-in ballot (assuring secrecy and accuracy).
Ballots will be mailed on or about September 14, 2022. In the event that a member does not receive a ballot by September 21, 2022, the member must contact 209-259-6740. The member shall provide MK Elections with their name, work location, and current physical mailing address. The member must also affirm that they have not received a ballot and that you have not cast a ballot in this election. The deadline for requesting a replacement ballot is by 5:00 p.m. on October 4, 2022. Completed ballots must be received in the designated P.O. Box no later than 9:00 a.m., October 14, 2022.
Election protest and appeals must be filed no later than October 29, 2022 to the election committee at electionscommittee@SEIU121RN.org.
16. Tally of Ballots
Ballots will be counted on October 14, 2022, at 10:00 a.m. at the Pasadena office, 1040 Lincoln Avenue, Pasadena, CA 91103. The Election Committee with MK Election officials will pick up ballots at 9:00 a.m. on October 14, 2022. Candidates are entitled to have an observer during this process.
The candidate who receives the highest number of votes cast for each office will be declared elected. In the event a candidate runs unopposed, the candidate will win by acclimation and will not appear on the ballot.
17. Election Results
The election results will be posted on Local 121RN’s web page by 5:00 pm on the day of the counting of the ballots.
18. Election Records
All nomination and election records will be maintained at the Pasadena office of Local 121RN for at least one year after the election, as required by federal law. The Election Committee shall take reasonable efforts to store the records in a manner that will maintain the integrity of the election process.
19. Questions or Problems
Candidates and members with questions about the nomination or election procedures should contact the Election Committee at electionscommittee@SEIU121RN.org.
Any violation of these rules should be reported promptly to the Election Committee so that corrective action can be taken, if necessary.
20. Protests and Appeals
Election protest and appeals must be filed no later than October 29, 2022 to the election committee at electionscommittee@SEIU121RN.org.
The above rules are not all inclusive. Additional election rules or clarifications may be issued by the Election Committee as needed during the nomination and election period.
Members and candidates are directed to seiu121rn.org/union-elections for any additional rules or clarifications issued by the Election Committee.
Issued By: Local 121RN Election Committee Date: August 3, 2022