SEIU Local 121RN Chapter Elections Campaign Terms and Process
Chapter Officers/Executive Board Representatives
(For purposes of defining the bodies referenced in this notice, SEIU Local 121RN (“Local 121RN”) refers to our Local Union based in California, and “SEIU International” refers to our parent organization based in Washington, D.C.)
1. Constitution and Bylaws
The nomination and election of SEIU Local 121RN’s Chapter Officers, (i.e., President, Vice President, Secretary-Treasurer and Executive Board Representatives, at each hospital or facility consistent with Local 121RN’s By-Laws) will be conducted in accordance with the SEIU International Constitution; the Bylaws of Local 121RN; and the Labor-Management Reporting and Disclosure Act (LMRDA) of 1959, as amended.
2. Term of Office
Article 8 - Elections, Sections A and H: The elected Chapter Officers/Executive Board Representatives will serve a three (3) year term, which will begin at the first Executive Board meeting of the calendar year after the election and hold the same until their successors take office.
3. Eligibility to Hold Office
Any member who has been in continuous good standing for at least two (2) 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. When a candidate for office in the Local Union is member of a Chapter which has been affiliated with this Local Union for less than two (2) years, the candidate shall be eligible if s/he has been a member in continuous good standing for the length of time the Chapter has been chartered.
SEIU Local 121RN’s bylaws define good standing under Article 4 - Membership Rights, Section C “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. Members in good standing, and only members in good standing, shall be eligible to participate in the Local including voting on strikes and contracts*, running for office*, serving on contract committees, attending Local meetings and voting on internal Local business.”
The Election Committee has defined the two-year eligibility period as being from April 1, 2022 through March 31, 2024.
A member who wishes to run for office must be current in all dues owed between April 1, 2022 through March 31, 2024 before their nomination can be accepted by the Election Committee.** It is up to the individual member to know or inquire as to whether they are current in their dues or other financial obligations.
From Article 15 - Finances, Section H:
“All members of the Local Union are under a positive duty to see that their dues and other payments are remitted on or before the last day of the month in which the same are due at the office of the Local Union.”
SEIU International’s Bylaws require that a member pay minimum dues of $40.00 per month regardless of dues generated pursuant to SEIU Local 121RN’s percentage-based system.
This Election Committee is providing a grace period for those nominees who are not or were not current in all dues or other financial obligations that were owed from April 1, 2022 through March 31, 2024. Accordingly, if there were any months in which a member did not pay the required minimum dues of $40.00 in a specific month, the member must become current by no later than 5 p.m. on May 29, 2024 by paying the difference between what the employee paid in a specific month and the minimum dues of $40.00 per month. This minimum dues requirement is pursuant to SEIU International’s legal counsel.
4. Nomination Petition
On or about May 1, 2024, a nomination petition will be posted on union bulletin boards at all work sites, e-mailed to last known e-mail addresses of members, posted on 121RN’s website.
5. Nomination of Candidates
Nomination petitions will be for the offices of Chapter Officers and Executive Board Representatives (i.e., Chapter President, Chapter Vice President, Chapter Secretary-Treasurer and Executive Board Representatives consistent with Local 121RN’s By-Laws) for each bargaining unit.
Any member who is current with dues through March 31, 2024 (and, if not current, has paid any arrears by no later than 5:00 p.m. on May 29, 2024), will be considered in good standing and eligible to nominate candidates.
Members will have from May 1, 2024 through 5:00 p.m. on May 30, 2024 to collect and submit a petition with valid signatures. All completed nomination petitions are due no later than 5:00 p.m. on May 30, 2024.
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 5:00 p.m. on May 30, 2024 via fax to (888) 371-1238 or emailed to electionscommittee@SEIU121RN.org. The nomination petition will be deemed accepted by the Election Committee on May 30, 2024 if received by no later than 5:00p.m., and will review to ensure all eligibility requirements have been met.
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. 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 5:00 p.m. on May 30, 2024 but no later than 5:00 p.m. on May 31, 2024. This time limit may be extended by the Election Committee.
Ineligible nominees will be advised via email listed on the nomination petition of the reason(s) they are not eligible to run for office. In the event that a nominee is deemed ineligible because of a nominator’s failure to be a member in good standing, the nominee will be given an opportunity to replace the ineligible nominator(s) with members who are in good standing. The nominee(s) shall cure such signatures by no later than 4:00 p.m. on June 3, 2024. 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 no later than 4:00 p.m. on June 3, 2024. Unless the Election Committee changes or modifies its decision regarding the ineligible nominee by 11:59 p.m. on June 3, 2024, the Election Committee’s decision regarding ineligibility will become final as of 12:00 a.m. on June 4, 2024. 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 noted above, the Election Committee is providing a grace period for nominees to become current on dues payments that may be past due by no later than 5 p.m. on May 29, 2024.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 mailing of the ballots for 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).
- 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 June 4, 2024, 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 video conference. A link will be provided prior to the meeting.
9. Inspection of the Membership List
Each potential candidate may inspect Local 121RN’s membership list for their particular bargaining unit once within 30 days prior to the mailing of the ballots. That 30-day period runs from June 5, 2024 through July 6, 2024. 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. Any member wishing to inspect their bargaining unit membership list should inform the election committee of the date and time they would like to inspect the list, between 9:30 a.m. and 5:00 p.m., Monday through Friday, from June 5, 2024 through July 6, 2024, and the Election Committee (at electionscommittee@seiu121rn.org) will coordinate with the Membership Department to ensure someone is available for the review by candidates.
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 pre-paying 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 Election Committee 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 April 1, 2024 prior to May 31, 2024 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.
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 electionscommittee@SEIU121RN.orgprior to the mailing of the ballots.
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 July 8, 2024. In the event that a member does not receive a ballot by 5 p.m. on July 15, 2024, the member must call 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 July 22, 2024. Completed ballots must be received in the designated P.O. Box no later than 9:00 a.m., August 1, 2024.
Election protest and appeals must be filed no later than August 16, 2024 to the election committee at electionscommittee@SEIU121RN.org.
16. Tally of Ballots
Ballots will be counted on August 1, 2024, 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 August 1, 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 acclamation 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 August 16, 2024 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 for any additional rules or clarifications issued by the Election Committee.
Issued By: Local 121RN Election Committee
Leo Perez-Ferrer, RN, Pomona Valley Hospital and Medical Center
Joyce Powell, RN, Providence St. Joseph’s Medical Center
Elizabeth Loseva, RN, Riverside Community Hospital
Date: April 12, 2024