Adopted by the National Executive Committee on March 9, 2022

General

CMG Bylaw 7.4.a, provides for a standing committee to oversee CMG elections:

“At the beginning of its term, the NEC shall appoint a standing committee of three (3) people to oversee international, national and branch elections, by-elections and referenda. At least two (2) members of the Election Oversight Committee shall not be members of the NEC.”

This document is to provide further guidance around the conduct of CMG elections and the role of the committee.

Upon the formation of this committee, the committee members shall select a chairperson from among themselves to coordinate the work of the committee, such as scheduling meetings, ensuring correspondence is dealt with, etc. All committee members will have equal voice and chair’s role is strictly to improve the organization of the committee’s work.

A CMG Staff Representative will serve as an advisor to the Election Oversight Committee, offering their expertise and recommendations as required.

During a general election cycle, Committee members will be granted union releases of two half-days per member each week, with specific dates to be determined by members in a consultative and collaborative engagement, in order to allow for a timely response to matters of concern.

Although part of the committee’s role is to investigate complaints and deal with them where appropriate, all complainants are required to provide evidence to support their complaint. The committee has limited investigative resources, and in order to be effective in its role must have some basis to start an investigation (not just speculation).

Communications from the CMG National office to its membership shall be kept to a minimum during the election campaign, especially during the voting period. If it is deemed that the information to be sent is essential and urgent the communications should be reviewed by the Election Oversight Committee prior to its release.

Where practicable, locks should be installed on all CMG bulletin boards in all branches and location units, especially in the larger ones, to prevent potential tampering with campaign materials and to limit the posting of campaign materials to candidates or their designates.

Unless otherwise specified in Bylaws, byelections for vacancies at the National, Branch, and Location Unit levels will be held within 90 days of the positions becoming vacant.

For clarity, throughout this document, references to “Election Committee” refers to the committee responsible only for elections at the Location Unit level, at a specific Location Unit. Elections at the Branch Executive Councils and the National Executive Committee are conducted by the Election Oversight Committee, which is national in scope.

Elections for Location Executive Committees

– When it becomes necessary to hold an election or byelection, the Location Executive Committee (LEC) must name an Election Committee of 2 or 3 members, from that Location Unit. These people will be responsible for conducting the election. Candidates for election are not eligible to be members of the Election Committee.

– The Election Committee will issue a call for nominations for the available position or positions. The nomination period should be a minimum of two weeks to give people some time to consider the possibility of running, or of nominating a colleague.

– For a nomination to be valid, the candidate, nominator and two seconders must all be CMG members in good standing, i.e. currently paying dues and with a signed membership application card on file. The candidate must also sign a declaration stating that they accept the nomination.

– In the case of a byelection, a candidate who currently holds another position on the Location Executive Committee is not required to resign his/her seat to run for the vacant seat. In the event the candidate is elected to the vacancy, he/she shall be immediately deemed to have resigned from his/her previous position, and another byelection will be held if required under the bylaws.

– Candidates’ names are to be posted (e.g. on a bulletin board or website) at the end of the nomination period, once their eligibility is confirmed by the election committee.

– Once the nomination period has closed, the Election Committee will review the list of candidates. If it is necessary to hold one or more elections, the Committee will announce the date(s) of the vote. Under the CMG bylaws, there must be at least two weeks notice of elections. This gives candidates an opportunity to campaign for support.

The Election Committee should issue the call for nominations and the date of any necessary elections at the same time. The end of the nomination period must still be no less than two weeks before the projected election date.

– If no elections are necessary, i.e. if there is only one candidate per available position, the Election Committee will announce that the candidate(s) is/are elected by acclamation.

– If there are no candidates for one or more positions, the Election Committee may extend the nomination period briefly. The Committee may choose to delay all elections for the same length of time, or else hold the elections for the contested positions, and hold the election for the other position(s) some time later. If there are still no candidates for the position after the extended nomination period closes, the LEC may either apportion those duties among themselves, or appoint a person by consensus.

– The Election Committee, in consultation with the current Location Executive Committee, will determine the manner of voting, and whether advance polling will be permitted. Any advance poll should still be held no less than two weeks after the formal close of nominations.

– In determining the manner or manners of voting, due consideration should be given to employees’ schedules and work patterns in order to allow the maximum number of members to vote. Results should be delivered as quickly as reasonably possible after the close of polling.

– In cases where elections are necessary at multiple levels (e.g., Location Unit, Branch Executive Council and National Executive Committee) at approximately the same time, the elections committees involved should endeavour to coordinate their efforts as much as is practicable.

– All CMG elections and byelections must be conducted by secret vote. For clarity, in a secret ballot process, a record is kept of who has voted (primarily to ensure that no one votes more than once), but no ballot can be traced back to the person who cast it. All balloting and counting procedures must respect this principle, whether the vote is on paper or electronic.

– Normally smaller location unit elections will be done using paper ballots. However, a vote may be held at a general membership meeting as long as members have no less than two weeks notice. Such a vote still must be done by secret ballot; simple “show of hands” votes are not allowed.

– Larger location units may conduct Location Executive Committee elections using online voting

The CMG’s standing Election Oversight Committee may be consulted to deal with any logistical issues at any time during the process. If a member challenges the result of an election, the challenge must first be brought to the location’s Election Committee, which will determine whether all the established rules were followed.

If the member is not satisfied with the location’s Election Committee review, the challenge may be brought before the Election Oversight Committee, which will conduct its own investigation or review and issue a ruling as quickly as reasonably possible. If the member is still not satisfied, the National Executive Committee may review the facts as presented and issue a final ruling, subject only to the provisions of Article 17 of the CMG bylaws.

Elections for Branch Executive Committees (BECs) or the National Executive Committee (NEC)

The CMG Election Oversight Committee (EOC) is responsible for conducting these votes.

– The call for nominations will be issued to all members who are eligible to participate in the vote. The nomination period must be no less than ten working days, i.e. two weeks.

– For a nomination to be valid, the candidate, nominator and two seconders must all be CMG members in good standing, i.e. currently paying dues and with a signed membership application card on file. The candidate must also sign a declaration stating that they accept the nomination.

– In the case of a byelection, a candidate who currently holds another position at the same level (Branch Executive Council or National Executive Committee) is not required to resign his/her seat to run for the vacant seat. In the event the candidate is elected to the vacancy, he/she shall be immediately deemed to have resigned from his/her previous position, and another byelection will be held as necessary.

– Candidates’ names should be posted on bulletin boards or websites etc. at the end of the nomination period, once their eligibility is confirmed by the elections committee.

– Once the nomination period has closed, the EOC will review the list of candidates. If it is necessary to hold one or more elections, the Committee will announce the date(s). There must be at least three weeks notice of elections; this also constitutes the campaign period. Candidates are encouraged to send a short biographical note to the national office for distribution to the membership.

– If no elections are necessary, i.e. if there is only one candidate per position, the EOC will announce that the candidate(s) is/are elected by acclamation.

– If there are no candidates for one or more positions, the EOC may extend the nomination period briefly. The Committee may choose to delay all elections for the same length of time, or else to hold the elections for the contested positions and hold the election for the other position(s) some time later. If there are still no candidates for the position after the extended nomination period closes, the executive may either apportion those duties among themselves, or appoint a person by consensus.

– In cases where elections are necessary at multiple levels (e.g. Location Executive Committee, Branch Executive Committee and National Executive Committee) at approximately the same time, the elections committees involved should endeavour to coordinate their efforts as much as is practicable.

– All CMG elections and byelections must be conducted by secret ballot. All Branch Executive Council and National Executive Committee elections will be online.

– CMG employees shall not participate in any candidate’s election campaign, other than to seek employers’ permission for any candidate to visit locations as required by collective agreements.

If a member challenges the result of an election, the challenge must first be brought to the Election Oversight Committee, which will determine whether all the established rules were followed. If the member is still not satisfied, the National Executive Committee may review the facts as presented and issue a final ruling, subject only to the provisions of Article 17 of the CMG bylaws.

Strike votes and ratification votes

Labour legislation in every jurisdiction in Canada is very prescriptive on the process to follow for strike and ratification votes. The legislation should be carefully reviewed with the assistance of a Staff Representative to make sure the votes are conducted in compliance with these laws. When there is conflictual language between this policy and the law, the latter shall prevail. Generally speaking, the rules and procedures for strike votes and ratification votes reflect the procedures laid out for BEC or NEC votes, except paper votes may be used in some instances at the discretion of the Election Oversight Committee, in consultation with the Staff Representative, the appropriate Branch Executive Council and its Presidents’ Council, where applicable.

– The CMG Election Oversight Committee is responsible for conducting these votes.

– Voters will be given as much advance notice as possible. Because of the nature of the collective bargaining process and the tight timelines that are often involved, it is impossible to set fixed notice periods. After consulting the Branch Executive Council, and Presidents’ Council where appropriate, of the affected branch, the bargaining committee will consult with the Election Oversight Committee before issuing notice of a strike or ratification vote.

– The question for strike or ratification votes will be developed by the bargaining committee in consultation with the Branch Executive Council in question and the Election Oversight Committee. The question will be clear and unambiguous and will call for a yes/no response.

– Strike and ratification votes should be run in such a way as to encourage the greatest number of voters to participate. This may include an advance poll, within the limits of applicable federal or provincial legislation dealing with strike votes.

– The Election Oversight Committee will solicit the Branch Executive Council’s input in determining the method or methods of voting. In making its determination the Committee will examine issues including protection of the secrecy of individual votes, speed and accuracy of results, voters in remote locations, advance polling and cost to the union.

– Location unit officers who are given the responsibility of running a paper vote in their location will count the ballots for their location and immediately report the results to the national office by telephone or e-mail. The paper ballots will be sealed into an envelope and sent by the quickest available method to the national office, so that a confirmed official count can be done.

Online Voting Process

–Login will consist of the individual’s Membership Number, and a randomized 6-digit password that would be communicated to them via an email sent to their personal email address at the start of the voting period.

–Because the Membership Numbers are an integral part of the voting process, lists containing these numbers will be treated as strictly confidential at the office and be available only to CMG staff with a legitimate need for that information. Normally, this will be the Membership Coordinator and the Associate Staff Representative.

– The system used must ensure that voters cannot vote more than once.

– The system must have the ability to successfully identify an individual voter’s right to vote in various elections. For example, a member who lives in BC and works at CBC may be able to participate in some votes but not necessarily the same ones as another employee who lives in BC but works at CP.

– There must be the ability to vote on a challenge basis.

– The system must provide quick reporting of results.

As with traditional paper voting methods, the system’s efficiency depends primarily on sufficient advance notice being given. It takes some time to design the structure of the voting application, particularly if the vote is of a complex nature (e.g. CBC Branch Executive Council or NEC elections), and to prepare a complete and accurate voters list. If an online vote is being contemplated, the national office should be advised as early as possible, even before the call for nominations.

Paper Voting Process (normally only used for smaller Location Executive Committee elections)

Traditional paper ballots can be the best method of conducting many votes, particularly when all the voters are in a single location and generally have the same or similar patterns of work.

When contemplating a vote using paper ballots, the following issues must be considered:

– Reasonable access to the polling place, which may be on-site. Strike votes are generally held off employer premises. Voting days/hours must be set in such a way as to allow members on all shifts to vote.

– Voters lists must be requested from the Guild’s national office. Members must sign by their name to receive their ballot or ballots. In the event of multiple votes or elections happening simultaneously, care must be taken to ensure that each voter is only given ballots corresponding to the votes/elections that he/she is eligible to participate in.

– Each vote or election should be held on a separate ballot; if multiple votes are taking place at the same time, the ballots must be easily distinguishable from each other Generally speaking, the use of different-coloured paper will suffice to differentiate ballots. This allows for greater efficiency in counting and lessens the likelihood of a miscount.

– At the end of the voting period, the voters list must be retained and delivered to the appropriate individuals (generally the elections committee responsible for the conduct of the election in question) along with the ballots.

Counting paper ballots

Any ballot box must be sealed prior to the beginning of polling (or advance poll, if one is being held). The election committee responsible for the vote must maintain custody of the ballot box at all times.

Any unsealing of the ballot box or counting of ballots must be done after the end of the voting period, in the presence of no fewer than two officers.

Immediately upon unsealing the ballot box, the number of ballots (including those sealed in envelopes) must be checked against the number of signatures and notations on the voters list. Presuming this number is correct, counting of ballots may proceed. Any discrepancy – especially in cases where there are more ballots in the box than expected – must be thoroughly investigated to find an explanation.

Those counting the ballots will verify each other’s work. Once the count is complete, the members doing the counting must write and sign a brief report of the results. This report will be forwarded to the Location Executive Committee. The contents of the ballot boxes including all paper ballots, marked and unmarked, should be kept for no less than two weeks after the results are announced. After that they may be destroyed, preferably by shredding.

Any candidate in an election has the right to have a scrutineer present at the time paper ballots are counted. Under no circumstances shall any scrutineer participate in the counting process; the scrutineer may only examine ballots as they are counted to ensure that the count proceeds fairly. Any complaints or concerns raised by a scrutineer must be communicated to the elections committee concerned, with a copy to the Guild’s Election Oversight Committee.

Voter eligibility

Unless more restrictive eligibility rules are set up (e.g., in certain strike or ratification votes) and subject to any geographical or branch-specific restrictions that may be in place for a particular vote, any Guild member in good standing is entitled to vote. A Guild member in good standing is defined as a person who is currently paying dues and who has completed a CMG membership application card.

For every vote, CMG staff (normally, the Membership Coordinator) in the Guild’s national office will set up a list of eligible voters. Having a CMG plastic membership card does not necessarily mean that a person is automatically eligible to vote. The main purpose of these cards is to communicate the member’s nine-digit ID number.

For paper votes: A voter whose name is on the list as a cardholder will sign his/her name on the voting list in order to receive a ballot. A voter whose name is on the list as a non-cardholder may vote immediately upon completing a membership application card.

Where a voter’s eligibility is uncertain (e.g., the voter’s name is not on the voters list, or the member claims not to have signed a membership card but wishes to vote anyway) the returning officer will allow the voter to vote on a challenged basis. The returning officer will write the voter’s name on an envelope along with the comment CHALLENGED, and will make a similar notation on the voters list; the voter will then mark his/her ballot and seal it into a blank envelope, which will then be sealed into the first envelope. At the time ballots are counted, the people responsible for the counting will verify the eligibility of voters whose names are on the challenged ballots. If a challenge is deemed to be successful, the envelope will be opened and the blank envelope will be mixed in with the other ballots.

Where a voter votes in a location unit other than his/her own, the procedure shall be the same as for a challenged ballot, except that the comment ALTERNATE LOCATION will be written on the envelope and voters list.

Ballots must be marked clearly and unambiguously. Where the voter’s intentions are ambiguous (e.g. more than the anticipated number of choices, comments or questions written on the ballot, blank ballot) the ballot shall be deemed to be spoiled.

For online votes: each voter uses their nine-digit ID number to vote. Even members of the bargaining unit who have never signed a membership card have an ID number, which they can access by communicating with the CMG office. In the event a voter comes forward who is completely unknown to the CMG, an ID number will be assigned to that person, and that individual’s vote will be segregated from the other votes at the time the results are communicated electronically to the Guild office.

The online voting system means that the issue of alternate locations is moot. Spoiled ballots are not permitted. The system can be designed in such a way that a voter may choose not to vote in an election, or not to make the maximum number of choices allowed, e.g., in an election of convention delegates.

If a member wishes to challenge the conduct or result of any national election or vote, the challenge must first be brought to the Election Oversight Committee, which will determine whether all the established rules were followed. If the member is not satisfied with the outcome of this review, the National Executive Committee may review the facts as presented and issue a final ruling, subject only to the provisions of Article 17 of the CMG bylaws.

Conclusion

The CMG Election Oversight Committee will review these procedures from time to time and recommend changes to the National Executive Committee as necessary.