AT&T SE Bargaining ? Ratification Vote ? Secret Ballot

TO: Staff and Local Presidents, AT&T Southeast Bargaining Units

FROM:  Judith R. Dennis. Vice President – District 3

RE:   AT&T SE Bargaining – Ratification Vote – Secret Ballot

This is in response to an issue raised by some Local Presidents who have opted to handle the ratification vote – “What are appropriate procedures to comply with the Secret Ballot requirements of the CWA Constitutions?”

As Article XVII, Section 4 of the CWA Constitution provides, the contract ratification process must be conducted by secret ballot. The following are recommended “best practices” that comply with the constitutional requirements:

Locals may follow procedures similar to those used in officer and delegate elections, consistent with standards established by the U.S. Department of Labor. This includes in-person voting at the Local with voting booths or other similar safeguards for privacy and a ballot box that is to be kept secure at all times during the period set for voting. This also includes conducting a mail ballot with a properly established Post Office Box and appropriate safeguards to secure the ballots when picked up, in transport to the Local and at the Local until the designated time for counting.

There are reports that some Locals may attempt to conduct ratification votes at work locations. This is a risky procedure as it may be difficult to provide voting booths or similar safeguards to insure privacy and may make it difficult to defend against member complaints about restraint or coercion. Failure to provide appropriate safeguards to protect the secrecy of the ballots could result in all “tainted” ballots being thrown out, fair representation charges filed against the Local with the NLRB and lawsuits filed by individual members.

We will continue to address questions about the Tentative Agreement and the ratification process as they arise.

Copy to:

Don LaRotonda, CWA Assistant to the Vice President
Thelma Dunlap, CWA Administrative Director
Booker Lester, CWA Administrative Director
Betty Witte, CWA Administrative Director
John Quinn, CWA District Counsel