Carteris & Damon Refuse to Email Election Rules to SAG-AFTRA Membership, so BAC Published Rules Here

SAG-AFTRA Leadership Stonewalls BAC's Request to Email Union Election Rules to the Membership

As some of you know, in the interest of ensuring a democratic and fair election, the Background Artists Coalition requested that Gabrielle Carteris and Rebecca Damon email to the Membership the SAG-AFTRA Election Rules so that all Members have a copy of the Election Rules and so that all Members know they have the absolute right to Challenge ("Protest") the 2019 SAG-AFTRA Election should they believe an Election Violation has occurred.

In refusing this simple request, Gabrielle and Rebecca instructed our SAG-AFTRA Employee, Michelle Bennett, Executive Director of SAG-AFTRA Governance, to instead email us the website link to the Rules and a message stating that because "not all members have emails on file with the Union, we will not be emailing" the Election Rules to the Membership.

So while BAC was a bit perplexed as to the rationale for - on the one hand - refusing to send the Election Rules to the Membership based on SAG-AFTRA Leadership's contention that some Members do not use email - and the likelihood of a member who doesn't use email ever finding the online Link for the Election Rules. But to paraphrase Forrest Gump, stonewalling is what stonewalling does; And stonewalling is never biased in logic. It is always based in wanting to provide information that might empower those requesting the information and/or based in not wanting the stonewallers crimes and transgressions discovered.

So while SAG-AFTRA Leadership is not willing to email this important Election Information to the Membership, the Background Artists Coalition knows that no Election Process is fair or democratic unless it is open to checks, balances and scrutiny.

So while Gabrielle Carteris, Rebecca Damon and Michelle Bennett have not provided the Contact Information BAC has requested as to where and to whom one directs one's Election Protest, in the interest of time - THERE IS A STRICT 14 DAY DEADLINE FROM THE ELECTION RESULTS ANNOUNCEMENT IN WHICH TO FILE A PROTEST - we are publishing below Article VI, Sections A-B, SAG-AFTRA Protests and Appeals Nominations and Election Policy which provides the rules and procedures with which any SAG-AFTRA Member can execute and file a Protest of the 2019 Election Process:

SAG-AFTRA NOMINATIONS AND ELECTION POLICY

ARTICLE VI PROTESTS AND APPEALS

A. Eligibility Protests

Any member who desires to challenge a ruling on eligibility or challenge a candidate’s eligibility to run for National or Local office in the non-convention election must file a written protest with the National or Local Election Committee, respectively within five (5) business days of when the member knew or should have known of the basis for the eligibility challenge. Written protests that challenge a candidate’s eligibility and allege that a candidate is primarily employed as management or primarily performs the functions of management in the Union’s jurisdiction must include with specificity information that provides a basis for the challenge and shows how a candidate is acting primarily and continually in the interests of an employer or employers rather than in the interests of the members of the Union and how those activities conflict with performance of representational duties. Protests concerning the eligibility of a member nominated at the Convention shall be filed within two (2) hours of the close of Convention nominations conducted in accordance with Article I.B.1 of this Nominations and Election policy. Eligibility protests shall be decided promptly by the National or Local Election Committee. The Election Committee may, in its discretion, decide such protests based on the documents submitted, a conference call hearing or an in-person hearing. Each Election Committee’s decision on eligibility is final and binding.

B. Election Protests

1. National Officer Election

(a) Any protest regarding an alleged violation of the election provisions of the SAG-AFTRA Constitution, this Election Policy or applicable law in the National Officer Election must be filed with the Election Committee appointed by the SAG-AFTRA National Board (the “national Election Committee”) to oversee the election.

(b)  The protest shall set forth with reasonable specificity the nature of the alleged violation, the facts underlying it and how it may have affected the outcome of the election.

(c)  The national Election Committee shall consider all facts it deems appropriate to resolve an election protest and may, in its discretion, hold hearings concerning any such protests. All affected candidates will receive a copy of the protest and any evidence submitted in support of the protest, and will have the opportunity to submit evidence to the national Election Committee.

(d)  The national Election Committee shall also have the authority to hear and decide any protest filed under Article VI.B.2, below, if the facts giving rise to the protest are identical to those involved in a National Officer protest that has been filed with the national Election Committee. If the national Election Committee decides to assume jurisdiction of such a protest, the Local Election Committee shall have no further authority to hear or decide the protest. The national Election Committee shall also have exclusive jurisdiction to hear and decide any protest arising out of or involving the online nomination and election, whether in connection with a National or Local election.

(e)  The national Election Committee shall render its written decision as promptly as possible, but in no event more than forty-five (45) days following the date of the election.

(f)  National Election Committee decisions shall be final and binding. Elections challenged by a member are presumed valid unless and until the same or another candidate is elected in a rerun election.

2. National Board, Local Officer, Local Board and Convention delegate

(a) Each Local shall establish an Election Committee to (1) oversee the conduct of the National Board, Local Officer, Local Board and Convention delegate nominations and elections; and (2) hear and determine election protests in accordance with this Election policy and additional Local policies or procedures that are not inconsistent herewith, subject to Article VI.B.1.d, above.

(b)  The Local Election Committee shall be made up of at least three (3) members in good standing who may not be candidates for President, Secretary-Treasurer, National Board, Local Officer, Local Board or Convention delegate.

(c)  Protest Procedures

(i)  Within fourteen (14) days following the election, a member in good standing may file with the Local Election Committee an election protest concerning an alleged violation of the election provisions of the SAG- AFTRA Constitution, this Election Policy, a Local’s election policies or applicable law. The protest shall set forth with reasonable specificity the nature of the alleged violation, the facts underlying it and how it may have affected the outcome of the election.

(ii)  The Local Election Committee shall consider all facts it deems appropriate to resolve an election protest and may, in its discretion, hold hearings concerning any such protests. All affected candidates will receive a copy of the protest and any evidence submitted in support of the protest, and will have the opportunity to submit evidence to the Local Election Committee.

(iii)  The Local Election Committee shall render its written decision on all election protests as promptly as possible, but in no event more than forty-five (45) days following the date of the election.

(iv)  Local Election Committee decisions shall be final and binding. Elections challenged by a member are presumed valid unless and until the same or another candidate is elected in a rerun election.