NBPC Local 1613
Election Committee Findings
On January 10, 2017, the Election Committee convened to review an election protest for the open position of Secretary for Local 1613. An allegation had been made that the AFGE Rules
Of Conduct For An Election, specifically Section 4(b) had been violated. Section 4(b) reads:
SEC. 4(b). No monetary or other resources of AFGE or any employer shall be contributed or applied to promote the candidacy of any candidate in an election. Such resources include, but are not restricted to, dues monies and assessments, publications, facilities, office equipment, union or employer email, stationery, or other supplies. While the preceding restrictions apply to use of AFGE resources to promote the candidacy of any candidate, such resources may be used for such things as notices, factual statements of issues not involving the candidates, and other expenses necessary to conduct an election.
A majority of the Committee determined that a violation did occur within the meaning of Section
4(b), specifically the use of resources and facilities in the promotion of a candidate. The majority of the Committee based it's conclusion on the following:
1. On December 5, 2016, Mr. Harris appeared on the Green Line podcast;
2. The Green Line podcast is an enterprise supported financially by the Union;
3. The Committee views the use of the podcast as a "resource" and "facility" in regards to its potential to promote a candidate.
While a majority of the Committee determined that a violation did take place, other observations made by the Committee are worth noting:
1. The Committee was unanimous in its determination that there was not an "overt" attempt by Mr. Harris to campaign for or promote himself as a candidate for the position of Secretary. At no time did Mr. Harris communicate his status as a candidate for a position within the Executive Board of Local 1613, nor was there any mention of an election in general terms referenced at anytime during the podcast.
2. While there was no overt campaign acts observed, the Committee does believe that Mr. Harris appearance on the podcast could have the potential to "elevate" Mr. Harris profile among listeners of the podcast.
3. The duties of the Director of Legislative and Political Affairs require the reporting and the dissemination of information, in relation to the purview of the Directorship, with the podcast being a vehicle for such distribution.
4. That the Union erred in allowing a candidate to access items, resources and facilities during what can be construed as a politically sensitive period.
The Committee is unanimous in seeking the following remedies:
1. Conducting a third run-off election for the Secretary position;
2. The temporary removal of the Green Line Episode 122 during the run-off period.
While there is an overarching theme of "fairness" desired for this and any election, the Committee does not feel that it is appropriate for Mr. Moriarty to appear on the podcast during the third run-off. We believe that having another candidate appear on the podcast would constitute another violation of Section 4(b).
John A. Guerrero
Alexander C. Roozen