Gerry Gausman is not President or Vice President. There are those who say that he is, that the constitution says that he is, it doesn’t and he isn’t. You cannot take one rule out of the constitution and then ignore everything else in the constitution.
Some would have you believe that Mike Bilello was elected President. That he was elected in compliance with the constitution. He was not.
The UBC constitution:
In elections held to fill vacancies, a member who holds
an office must resign said office in writing before accepting nomination
as a candidate for another office in the same subordinate body
(unless the offices are combined by dispensation) and all existing
vacancies, including those left by such resignations, shall be filled by
the same nominations and election. Neither the President, Treasurer,
Financial Secretary nor Recording Secretary can act as Trustee.
F The election of officers and delegates shall be by secret ballot.
D In the absence of both the President and the Vice President, the
Recording Secretary shall call the meeting to order and those present
shall elect a President pro tem.
1. The election would have to have been by secret ballot. This is the only manner allowed in the constitution for election of a president of a local. So in order to hold an election of a president with all the powers of that office under 32D, it would have to be a secret ballot election.
It was not a secret ballot election, so it was not an election which would be permissible under the constitution.
2. The constitution under section 31A requires that in any election to fill vacancies, all vacant offices would have to have been put on the ballot, so the position of Vice President would also have to have been on the ballot.
Even if Mike Bilello had been properly elected in a secret ballot election, he still would not have been able to appoint a vice president as that position would have to have been filled by a member election as the position was vacant at that time.
3. Capurso is not the recording secretary, while this might seem minor, it is still a requirement set out in the constitution if you wish to use section 31A. Capurso did not have the authority to chair a meeting under section 31A, and so did not have the authority to call an election under section 31A.
Only Mitch Soontag could have called for an election under section 31A.
4. Even if you ignored the requirment of a secret ballot election, and that any election would have to be for all vacant positions, and allowed that Capurso could take the powers of the recording secretary for his own, you would still have the fact that Mike Bilello was never given the full powers of the office.
Mike Bilello was elected to facilitate the holding of the meeting. This was clearly stated and outlined prior to the vote. Mike Bilello was elected as Chair, the only Duty outlined for him to fulfill was to enable the meeting. The only reason given for needing a Pro tem President was due to the absence of Derrico who still held the authority of the office.
Mike Bilello was asked to fill a single duty of the office of president, it was never suggested that he held the full authority of the office.
In fact it was clearly stated that in the event that Derrico did not appear at the next meeting, there would be another pro tem election for President.
If you cannot hold another pro tem election due to an action performed by Bilello, then that action is invalid.
(transitive & intransitive) If someone facilitates a meeting, they guide it and help it run well.
Mike Bilello was elected to facilitate the meeting, nothing more.
5. Some people are saying that Gausman is president because Ballantyne has ruled that Gausman is president.
Ballantyne has no say in this. The same people who are suggesting that Ballantyne has anything resembling the authority to decide matters in local elections cannot provide a single thing to substantiate their claim.
The same people who claim to find the UBC dictatorship oppressive are now saying that Gausman is president because a UBC representative said he was.
Apparently I am in a minority who is trying tear this union apart because I refuse to allow the UBC to strip away my rights.
Well guys, pick a side, I am not going to sit by and allow the UBC to appoint who represents me, if that is tearing the union apart, then the union needs to be torn apart.
If I am allowed to choose who my president and vice president are under the constitution in a certain manner, then I want that right.
If you want to allow Ballantyne to choose who our President will be, then get answers to my questions.
I have no doubts as to why we have no pro tem vice president, that is why I am not asking anyone to dictate my rights to me.
There was nothing done at any stage which reflects what is outlined in the constitution, there was no secret ballot which is the only manner allowable under the constitution to elect a president, all positions which were vacant were not filled or persons nominated for the only position which was actually vacant at that time and the members were asked to choose someone who would fulfill one aspect of the presidents office, to facilitate a meeting, they were not asked to choose someone to be acting president.
Currently there are new bylaws being written, they will be of absolutely no use if they are not enforced. The only people who can enforce them are us members.
If members are going to allow one line in those bylaws to be enforced in a manner which is not allowable under another part, then they will be useless.
Accepting that your rights can be taken away because that is what you are told is not going to cut it, if you truly want a voice in this union you have to demand it.
And that means that you cannot blindly accept what you are told.
3. Capurso is not the recording secretary, while this might seem minor, it is still a requirement set out in the constitution if you wish to use section 31D. Capurso did not have the authority to chair a meeting under section 31D, and so did not have the authority to call an election under section 31D.
Only Mitch Soontag could have called for an election under section 31D .
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