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0 tracked cards Labor and Social Legislation
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Identify the controlling rule on the manner of election of labor organization officers and the consequences of noncompliance. Apply the rule to the facts: Is the election valid? What remedies are available to protesting members or to the organization under law? Facts for application: A labor organization with 320 members holds elections for President, Vice-President, and Secretary for a two-year term. By-laws require (i) election by secret ballot; (ii) voting eligibility for members in good standing for at least six months; (iii) a fixed monthly stipend for office duties not to exceed 1,800 pesos; (iv) no officer may serve more than two consecutive terms; (v) elections supervised by a neutral Election Committee composed of three members unaffiliated with incumbent officers; (vi) notice of the election date posted at the main office at least 20 days prior; (vii) ballots distributed at the start of the meeting; (viii) notice of the election date communicated in writing. The election is called by incumbent officers during a general assembly, and the voting proceeds as follows: ballots are printed and distributed; there is a single ballot box; members vote by secret ballot after a pre-election caucus endorsing a slate; notice of the election date was posted at the main office but not communicated in writing to all members; the Election Committee includes two incumbent officers among its three members; the slate is proclaimed the winners and the new officers are installed.

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