October 14, 2020
To All IAMAW Local Lodge 2323 Members
Eligibility and Voting Rights of Retired, Terminated, Laid off or Exempt Members
Regarding the Upcoming Elections for Technical Operation Shop/Airports & Cargo Committee Chairperson on November 03, 2020
As directed by Grand Lodge and the IAMAW Constitution Official Circular 865 (attached). We are
advising the Membership that if you are laid off or retired from work or have not been given a
confirmed return to work date by day of election you cannot vote for the non-constitutional position.
Regarding the Upcoming Elections for District 140 Delegates to attend District Lodge Convention on
November 03, 2020
As directed by Grand Lodge and the IAMAW Constitution Official Circular 865 (attached). We are
advising the Membership that if you are laid off or retired from work on the day of the election you can
vote for that constitutional position.
We hope this clarifies the voting eligibility for the Membership and should you have any questions or
concerns please call the Local Lodge at 905-671-0010
In solidarity,
Dave Flowers
President
Circular below
INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE WORKERS
9000 Machinists Place, Upper Marlboro, MD 20772
OFFICIAL CIRCULAR NO. 865
Eligibility and Voting Rights of Retired,
Terminated, Laid Off or Exempt Members
ISSUED: June 19, 2017
TO THE MEMBERSHIP EVERYWHERE, GREETINGS:
➤ PURPOSE To replace Official Circular 859 concerning the eligibility of certain members to run
for office, to vote for lodge officers, and to participate in contract ratification and strike votes.
➤ INFORMATION/INSTRUCTIONS lAM policy concerning the rights of certain members to
participate in union activities is set forth below.
A. Retired or Exempt Members
1. Members who are no longer working at the trade are not eligible to run for office.
2. Members who are retired and chose to pay full dues continuously for one year prior
to the date of nomination are eligible to run for lodge office, so long as they continue
to pay full dues.
3. Retired or exempt members may vote in local and district lodge elections for
constitutional offices, business representatives, general chairpersons, or delegates.
4. Retired or exempt members may not vote for any position that has a direct impact on
the collective bargaining agreement, such as stewards or committee persons.
B. Unemployed Members
1. Members on indefinite layoff – who are not notified on the day they are laid off when
to return to work – may participate in the affairs of the local lodge and vote for
delegates, business representatives, general chairpersons, and constitutional officers
so long as they retain recall (or similar rights) under an existing collective bargaining
agreement between the lAM and their employer. Such members may not participate
in contract or strike votes or in any other matters having a direct impact on a
collective bargaining agreement.
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2. Members who have been on indefinite layoff, but who have received a recall notice
to return to work on a specific day, are eligible to participate in votes affecting
contract demands and other business concerning the collective bargaining agreement.
3. Members on temporary layoff – who are notified on the day of their layoff the date of
their return to work – are eligible to participate in votes affecting contract demands
and other business concerning the collective bargaining agreement.
4. Members on temporary layoff are eligible to run for lodge office, consistent with
Article II, Section 4, of the lAM Constitution, which deals with the qualification
“working at the trade.”
a. A member who experiences a layoff during the six (6) month period prior to
the date of nominations is exempted from the qualification “working at the
trade” and, therefore, may run for office.
b. A member who experiences a layoff beyond the six (6) month period prior to
the date of nominations is not exempted from the “working at the trade”
qualification and, therefore, is ineligible to run for office.
5. A member whose employment has been terminated by his/her employer may run for
office if s/he is challenging the termination through a collectively bargained
grievance-arbitration procedure, administrative agency action, such as an NLRB
unfair labor practice (ULP) charge, or in state or federal court. A terminated
member’s eligibility ends, however, when the challenge is exhausted and
unsuccessful.
A member who has been installed into a constitutional office and who, thereafter, is
laid off has the right to continue in the office until his/her term expires, so long as
s/he is issued an unemployment stamp in accordance with Art. G.
6. A member who is elected to an office which holds “super-seniority” under the terms
of a collective bargaining agreement, may not use this “super-seniorlty” to bump back
into the shop prior to his/her scheduled recall. The procedures for filling the position
set forth in the lodge bylaws should be followed, and if they are silent, it is the
responsibility of the president to make a pro-tern appointment until the member
returns to work.
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7. A member who is laid off from an lAM plant, but who continues working at the trade
in a non-lAM plant, is eligible to continue to hold a constitutional office for the
remainder of his/her term so long as he/she remains current in the payment of regular
lAM dues.
Fraternally yours,
Dora Cervantes
GENERAL SECRETARY-TREASURER
Robert Martinez, Jr.
INTERNATIONAL PRESIDENT
