The Labor Management Reporting Disclosure Act of 1959 (LMRDA) is a federal law that regulates the internal affairs of private-sector labor organizations. In 2017, the United States Department of Labor (USDOL) announced its intent to implement the LMRDA to public-sector unions as well. The National Education Association (NEA) includes members employed in both the private and public sector and is therefore subject to the requirements of the LMRDA. Accordingly, in 2020, all NEA Representative Assembly (NEA RA) elections conducted by state affiliates will comply with the LMRDA.
NEA recently announced the key requirements for all elections for the NEA RA delegates. These requirements are based on NEA’s governing documents and Title IV of the LMRDA. In addition, the USDOL has announced its intent to implement regulations to compel public-sector unions that are affiliated with a parent organization that is already covered by the law.
To ensure compliance with USDOL guidance, NJEA will conduct the 2020 elections via mail ballots only.
Nominations and voting for delegates to the NEA RA must be open to all NEA Active, Active Life, Aspiring Educator (preservice), and Retired members (eligible members)
All eligible members must receive notice of the date, time and place and nomination process as well as notice of the election. The election notice must be sent by U.S. mail to the eligible members’ last known home address, at least 15 days prior to the election.
To ensure compliance with USDOL guidance, NJEA will conduct the 2020 elections via mail ballots only. Though electronic voting systems have been used by NJEA in the past, the USDOL has made clear through enforcement actions against unions and its guidance that compliance with the LMRDA is challenging when electronic voting systems are used. Additional election information will be made available on njea.org and through electronic postal mail notification to members.
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