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7/28/08

FINAL RULES FOR THE 2008 ELECTION


OF THE EXECUTIVE COMMITTEE
AND THE DELEGATE BODY OF THE
DISTRICT COUNCIL OF NEW YORK CITY AND VICINITY OF THE
UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA

I. INTRODUCTION

A. The District Council Executive Committee

These Rules shall apply to the nomination and election for positions on the District Council of Carpenters of New
York City and Vicinity (the “District Council”) Executive Committee (the “Executive Committee”). The Executive
Committee is composed of the following offices:

Executive Secretary-Treasurer (“EST”);

President of the District Council

Vice-President of the District Council; and

Executive Delegate (one each) of the constituent local unions of the District Council

B. The Delegate Body

These Rules also shall apply to the nomination and election for positions as delegates to the District Council (the
“Delegate Body”). The number of members of the Delegate Body shall be determined as set forth in Section 4 of the by-
laws of the District Council. The powers and duties of the Delegate Body shall be as set forth in Section 5 of the by-laws of
the District Council.

Subject to these Rules, beginning in 1999, the nomination and election of members to hold said offices shall occur
every three years. Voting by members in good standing shall be completed by the end of December of the election year.

C. Schedule

The following election events shall occur or commence on the date indicated. Any event scheduled to occur on a
date which falls on a weekend or holiday shall occur by the end of the next business day.

By June 1, 2008

The District Council mails to all members the notice of nominations and elections prepared by the District Council,
as well as eligibility Rules and information about delegate classes.

By June 30, 2008

Each local union shall have selected by majority vote of its executive committee one member of the local union to
serve as the local union’s member of the Election Committee (the “Election Committee”). Members must be
nominated from the floor at a meeting of the local union in order to be considered by the local union executive
committee for the position of Election Committee Member.

Effective date for determining the number of delegates each Local Union may elect.

By July 7, 2008

The Election Committee meets to select the Election Monitor, an Election Committee chairman to preside at its
meetings, an alternate chairman, and a recording secretary, and consider pending business. All decisions by the
Election Committee shall be by a majority of its total members, with all ties being decided by its chairman.
Members of the Election Committee may participate in meetings of the Election Committee by telephone. The
District Council shall insure that all obligations of the Election Committee are performed.

June/July 2008

The District Council supervisor holds delegate training seminars. Elected Delegates for the Delegate Body must
have attended one of the training sessions in 1999, 2002 or 2005 or 2008 in order to be seated as a Delegate.

On or before July 31, 2008

The Election Committee provides all local unions and the District Council with instructions and a schedule
explaining the manner in which the local union financial secretaries will provide voter eligibility information to the
Election Committee.

On or before July 31, 2008

Candidates for the Delegate Body are nominated from the floor during the regular, or a specially called, local union
meeting.

July 31, 2008

The District Council shall provide to the election Committee local union membership records and names and
addresses that are current as of July 31, 2008.

No later than August 31

Each local union calls a special meeting to hold an election forum so that candidates for the Delegate Body seat
may address its members and distribute literature; it is also the last day for a delegate body candidate to withdraw
so as not to appear on the final ballot.

September 17, 2008

Elections are held at the local unions. The polls shall remain open from 6 a.m. to 7:30 p.m.

September 19, 2008

Announcement of Election results by local union Executive Boards and posting of results at local union halls and
the District Council.

September 22, 2008

Prospective candidates for EST, President and Vice President may obtain eligibility declaration forms from the
Election Committee.

September 30, 2008

All local union financial secretaries shall certify to the Election Committee that their respective local union
membership records are current, accurate and available to the Election Committee.

October 3, 2008

Deadline for submission of executive officer slate declarations in writing to the Election Committee.

October 10, 2008

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Deadline for all prospective candidates for EST, President and Vice President to file eligibility forms.

On or before October 31, 2008

Each local union shall hold regular or special meeting of local union membership and nominate individuals from
the floor for the position of District Council Executive Committee Member.

November 3, 2008

The Election Committee holds a nomination meeting at 6:00 pm at the District Council for the positions of EST,
President and Vice-President.

By this date, a member must be in good standing in order to receive a mail ballot from Election Services
Corporation.

November 10, 2008

Each nominated candidate for EST, President, Vice-President and Executive Committee Member must submit the
first campaign contribution and expenditure disclosure statement to the Election Monitor.

Last day for a nominated candidate to submit one page (both sides, optional) of campaign literature to the printer
selected by the Election Committee (“the printer”) for distribution to the membership at the District Council’s
expense. Last day for EST, President, Vice-President and Executive Committee member candidate withdrawal,
submitted in writing to the Election Committee.

November 17, 2008

Election Committee must submit sample ballot to the Election Services Corporation.

On or before November 21, 2008

On this date, Election Services Corporation will begin to distribute mail ballots to all members who are in good
standing and who are eligible to receive a mail ballot (as set forth below).

November 24, 2008

Second Financial Disclosure forms to be submitted to the Election Committee and Election Monitor. Special
election forum may be held at the District Council or suitable convention space, allowing speeches to membership
and questioning of candidates for EST, President and Vic-President.

On or before November 24, 2008

Each local union shall hold a special meeting, with appropriate written notice to all members, for the purpose of
providing candidates for the local union’s Executive Committee seat an equal opportunity to address the members
of the local union. This meeting must be at least a minimum of two (2) weeks after the local union’s nominating
meeting for this office.

On or before December 1, 2008

Special candidate mailings, submitted by candidates for EST, President and Vice-President and paid for by the
District Council, will be sent to all members.

December 12-13, 2008

Elections for EST, President, Vice-President and Executive Committee Member by in-person voting at the District
Council.

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Only ballots received by Election Services Corporation by 7:30 p.m. on December 13, 2008 will be tabulated.

In-person voting continues through Saturday, December 13, 2008. Polls will be open from 6 a.m. – 7:30 p.m. on
Friday, December 12 and 6 a.m. – 7:30 p.m. on Saturday, December 13, 2008

December 15, 2008

Election results shall be announced and certified by the Election Committee on or before this date.

Each nominated candidate for EST, President, Vice-President and Executive Committee Member must submit the
third campaign contribution and expenditure disclosure statement to the Election Monitor.

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II. NOMINATIONS

A. Candidate Eligibility

A member is eligible to run for a position on the Executive Committee or in the Delegate Body if he or she:

- has been a member in good standing for twelve (12) consecutive months prior to nomination;

- has been elected to serve as a member of the Delegate Body (this requirement is only for the position of the
locals’ seat on the Executive Committee);

- has been a member of the United Brotherhood of Carpenters and Joiners of America (the “United
Brotherhood”) for two (2) consecutive years immediately prior to nomination, unless the local union has not
been in existence in that time;

- is working for a livelihood in employment which qualifies him or her for membership, or is depending on the
trade for a livelihood, including a member who is unemployed but actively seeking employment in the trade or
a member who is actively pursuing an unresolved grievance or other legal action challenging suspension or
discharge, or is a full-time officer or representative of the United Brotherhood;

- is not receiving a pension under the United Brotherhood Pension Plan;

- is not a life member, apprentice, trainee or probationary employee;

- has not been a contracting member for at least six (6) months preceding the election;

- is not, at the time of installation to a position on the Executive Committee, holding any elected appointed or
salaried position in any local union;

- has not been convicted of a crime that would make him or her ineligible to hold union office under federal
labor law; and

- has submitted a declaration of eligibility which will consist only of a declaration that the candidate (i) is a
member in good standing and (ii) has not committed any of the criminal offenses described below.

Crimes that make one ineligible to hold union office include extortion, embezzlement, grand larceny, burglary,
arson, violations of narcotics laws, murder, rape, assault with intent to kill, assault that inflicts grievous bodily injury, any
felony involving abuse or misuse of a position or employment in a labor organization or of an employee benefit plan to seek
or obtain an illegal gain at the expense of the members the labor organization or the beneficiaries of the employee benefit
plan, violations of title II or title III of the Labor-Management Reporting and Disclosure Act, or conspiracy involving any
such crimes or a crime in which any of the foregoing crimes is an element. An individual convicted of such crimes may be
prohibited from holding union office up to a period of thirteen years after such conviction or after the end of such
imprisonment, whichever is later. (Additional information regarding theses restrictions may be found in the provisions of
29 U.S.C. § 504 and 29 C.F.R. §§ 452.9; 453.34).

B. Nomination Process

1. Notice of Nomination Meeting

By June 2008, the Election Committee shall mail, at District Council expense, a notice of nominations to all
members at their last know addresses. The District Council and each local union shall post the notice of nominations in a
prominent place on their premises until December 13. A representative of the District Council chosen by the Election
Committee shall attend each nomination meeting to be held at the local unions.

The notice of nominations, which shall be prepared by the District Council, shall notify members of:

- the schedule and the process by which members may be nominated as candidates for positions on the Executive
Committee and Delegate Body;

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On or before October 7, 2008

The Election Committee shall mail, at District Council expense, a notice of nominations to all members at their last
know addresses.

The notice of nominations, which shall be prepared by the District Council, shall notify members of:

- the time, date and location of the meeting for nominations for positions on the Executive Committee; and

- the positions which comprise the Executive Committee, including the salary and compensation of the
Executive Secretary-Treasurer, President and Vice-President and a brief description of each officer’s duties as
described in the United Brotherhood Constitution and the District Council By-Laws.

2. Slates

A member shall have the right to campaign for a position on the Executive Committee or as a member of a slate of
candidates. There must be mutual consent between and among all candidates campaigning as a slate and, if so, a member
shall have the right to appear on any ballot as a member of a slate.

A campaigning slate may be formed without a candidate for every available position. A slate shall contain only one
candidate for each position. Should one or more members of a slate be found ineligible to run, that candidate’s ineligibility
will not affect the eligibility of any remaining members of the slate. No candidate may run on more than one slate.

October 3, 2008

A letter signed by each member of the slate must be submitted to the Election Committee on or before October 3,
2008, by personal delivery, overnight courier, or certified or registered mail, describing the position that each candidate
seeks and the name, if any, of the slate to be formed. Any member of a slate may withdraw from a slate campaign by
submitting his or her resignation from the slate in writing to the Election Committee.

3. The Nomination Meeting

On November 3, 2008 at 6:30 p.m., the Election Committee shall convene a nomination meeting at the District
Council offices (or suitable alternate space) which shall be open to all members. A member who has been nominated for a
position on the Executive Committee shall accept his or her nomination either in person at the meeting or, if absent from the
meeting, by furnishing a signed letter of acceptance to the Election Committee in advance of the meeting or to another
member who shall present it to the Election Committee at the time the member is nominated. At the nomination meeting,
the Election Committee will conduct a drawing by lot to determine each candidate’s ballot position. After the nomination
meeting, the Election Committee shall provide a list of the nominated candidates to all local union presidents and the
District Council. Local union presidents shall read the list at the next meeting of their local union and post this list
prominently in the local union and post this list prominently in the local union until the conclusion of voting.

III. CAMPAIGNING

A. Access to Job Site Information

Beginning August 1, 2008, until the day before voting begins the District Council shall make available for
inspection a listing of every job site at which the District Council’s members are currently working, the location and floor of
the job sites and the approximate number of members working at each site.

A member may inspect and make notes from the job site list at the District Council’s offices between the hours of
7:00 a.m. and 4:00 p.m., Monday through Friday, excluding legal holidays. Immediately prior to inspecting the list, the
member must complete a form declaration provided at the District Council’s offices that states that the member is using the
job site information only for the purpose of campaigning in the Executive Committee or delegate election, that no
campaigning will take place on the job site (as opposed to outside a job site) and that the job site information will not be
inspected for the benefit of any employer or of any other labor organization. Shop stewards shall have no role whatsoever
in campaigning that takes place outside a job site.

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Nominated candidates for Executive Committee positions may obtain a copy of the job site list within four hours of
a written request to the District Council Election Committee or its designated agent in residence at the District Council at a
copying charge of cents ($ .10) per page. Immediately prior to obtaining a copy of the list, such a candidate must complete
a form affidavit provided at the District Council’s offices which states that the candidate is using the job site information
only for the purpose of campaigning for a position on the Executive Committee and that the job site information will not be
used for the benefit of any employer or of any other labor organization.

B. Access to Collective Bargaining Agreements

Any member may inspect, make notes from, or obtain copies (as set forth below), at the District Council’s expense,
of any and all collective bargaining agreements to which the local unions and/or the District Council are parties at the
District Councils offices between the hours of 7:00 a.m. and 4:00 p.m., Monday thorough Friday, excluding legal holidays.
Immediately prior to inspecting a collective bargaining agreement, a member must complete a form affidavit provided at the
District Council’s offices which states that the member is using the information contained in the collective bargaining
agreement only for the purpose of campaigning in the Executive Committee election and that information contained in the
collective bargaining agreement will not be inspected for the benefit of any employer or of any other labor organization.
The Election Committee of the District Council shall be responsible for ensuring that members are provided access to the
requested collective bargaining agreements. Nothing in this paragraph shall be interpreted to deny rights that members are
entitled to under federal labor law.

Any member may obtain a copy of any and all collective bargaining agreements to which the local unions and/or
the District Council are parties within forty-eight (48) hours of a written request to the Secretary/Treasurer of the District
Council. Immediately prior to obtaining a copy of a collective bargaining agreement, a candidate must complete a form
affidavit provided at the District Council’s offices which states that the candidate is using the information contained in the
collective bargaining agreement only for the purpose of campaigning for a position on the Executive Committee and that the
information will not be used for the benefit of any employer or of any other labor organization. A slate of candidates may
obtain only one copy of each requested agreement.

C. Access to a Membership List

A nominated candidate for an Executive Committee of Delegate Body position may review a current computerized
list of member’s names and addresses; however, a candidate for a Delegate Body position or a seat of a local union on the
Executive Committee may review only a list of the names and addresses of the members of his or her local union. In no
case shall such information be used for any purpose other than campaigning for a position on the Executive Committee or in
the delegate body.

By August 1, each local union financial secretary shall prepare and submit by affidavit to the Election Committee a
list of the members of his or her local unions as of July 31. Each local union financial secretary shall inform the Election
Committee of changes to said list each week thereafter through December 13 and certify the accuracy of said changes to
enable the Election Committee to compile from this information a list of members eligible to vote.

Neither the Election Committee nor the District Council, or any agent or employee thereof, shall in any way
discriminate in favor of or against any candidate with respect to the use of the membership list or the list of members
eligible to vote.

D. Access to Membership Meetings

Each local union president is responsible for ensuring that his or her local union complies with the Rules governing
access by candidates to regular meetings of a local union and for maintaining order at such meetings.

1. Candidate Speeches

(a) Any nominated candidate for EST, President, Vice-President or Executive Committee Member (with respect
to his or her own local union) shall have the opportunity to address union members at the regular monthly
meetings of local unions according to the procedures described in this Section.

By September 1, local union presidents shall notify the Election Committee in writing by facsimile or first-class
mail of the dates, times and location of their local union’s meeting for the month of November, and the amount of time each
candidate will be permitted to speak. In no case shall any candidate be allocated less than then (10) minutes to speak and/or

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answer questions. A local union may provide candidates with more time, but must treat all candidates who wish to speak
equally. When more than one candidate is present at a meeting, the order of appearance must be determined by lot or by
mutual agreement of the candidates.

At the nomination meeting held on November 3, a nominated candidate will be provided by the Election
Committee with the local union meeting schedule. A nominated candidate for EST, President, Vice-President or Executive
Committee Member (with respect to his or her own local union) shall be permitted to attend any regular meeting of any
local union and address its members for the time allotted by the local union.

A candidate who attends a local union meeting:

- may speak on his or her own behalf and/or on behalf of any other candidate;

- may attend the entire meeting and listen to the addresses of any other candidates who speak; and

- must be permitted unimpeded and prompt entry into the meeting – with his or her designated supporters – by
the warden and other local union officials who may require only that the candidate identify his or her
supporters and that the candidate identify his or her supporters each produce one piece of identification and a
current union card for inspection.

Nothing in the Rules shall prevent any local union from convening a special meeting for the purpose of permitting
candidates for EST, President, Vice-President or Executive Committee Member to address the membership. The
requirements governing candidate addresses at regularly-scheduled meetings shall apply to any such meeting however, and
any candidate must be permitted to address the special meeting. Any local union convening a special meeting for this
purpose must send a written invitation by first-class mail to every such nominated candidate no later than five (5) days prior
to the meeting. Any local union convening such a special meeting must also continue to provide candidates with access to
address the regularly-scheduled meetings, as described above.

(b) Each local union shall hold a special meeting in November, with appropriate written notice to all members, for
the purpose of providing candidates for the local union’s Executive Committee seat an equal opportunity to
address the members of the local union. All candidates shall have at least (5) minutes to speak and all
applicable rules from section D must be followed.

2. Discrimination Prohibited

A local union shall not discriminate or permit discrimination in favor of or against any candidate in conjunction with
its meetings or otherwise. This requirement shall apply not only to formal presentations by or on behalf of candidates, but
also to informal campaign activities, such as comments on candidates during meetings (including, but not limited to, the
“good of the Brotherhood” portions of the meetings) and the distribution of candidates’ campaign literature at meetings.
This requirement shall in no way infringe upon a member’s right to participate in campaign activities, including the right to
support of oppose any candidate.

E. Campaign Literature and Mailings

1. Mailing of a Nominated Candidate’s Campaign Literature at the


District Council’s Expense

A nominated candidate for EST, President or Vice-President is entitled to have one page of his or her campaign
literature mailed to members at the District Council’s expense. On or before November 10, a nominated candidate may
provide to the printer selected by the Election Committee one page of campaign literature for mailing to the membership.
Each candidate may submit up to one 8.5” by 11” page, with matter on one or both sides. Black shall be the only color of
ink used in the mailing paid for by the District Council. A slate of candidates may submit joint material that does not
exceed one page per candidate.

The District Council shall bear the entire cost of reproducing, collating, folding, mailing and otherwise preparing
the nominated candidates’ literature. A single envelope shall be mailed to each member containing one page of campaign
literature from each candidate who submits such material to the printer. In no case shall the District Council pay to mail any
candidate’s campaign material under separate cover, unless ordered to do so as a remedial measure by the Election Monitor.
This literature shall be mailed to the membership by first-class mail on or before December 1, 2008.

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2. Mailing of campaign Literature at the Candidates Expense

A candidate seeking nomination and/or election to the position of EST, President or Vice-President shall be
permitted a reasonable opportunity, equal to that of any other candidate, to have his or her literature distributed at his or her
expense by a commercial mailing service arranged for by the District Council. A candidate seeking a delegate position or
local union seat on the Executive Committee shall be permitted a reasonable opportunity, equal to that of any other
candidate, to have his or her literature distributed at his or her expense by the local union. This means that:

- each candidate is entitled to a reasonable number of mailings, whether or not any other candidate makes such
request(s);

- when campaign literature is distributed on behalf of any candidate, similar distribution under the same
conditions and costs shall be made for any other candidate, if requested; and

- a candidate’s campaign literature need not be distributed if that candidate is not able or willing to pay for the
reasonable costs of such distribution.

3. Procedures for the Distribution of Campaign Literature

The Election Committee shall select and the District Council shall timely engage a commercial mailing service, to
perform all mailings of campaign literature for candidates for the positions of EST, President or Vice-President. The terms
of engagement shall permit the Election Committee to observe every phase of the mailing process. The mailing service
shall distribute campaign literature on behalf of any candidate who so wishes, and will receive such literature directly from
the candidate.

The District Council shall be responsible for providing the mailing service with membership labels containing the
current names and addresses that are on file for members. A request to distribute campaign literature to only a portion or
segment of the membership, as determined by the candidate, shall be honored if practicable. A request to distribute
campaign literature by any class of type of mail of postage shall be honored to extent permitted by postal regulations.

A request by a candidate for EST, President or Vice-President for the distribution of campaign literature shall be
made to the mailing service in writing, and a copy of that request and the piece of campaign literature to be distributed shall
be provided to the mailing service. All other candidates shall direct such requests to their local union, with a copy to the
Election Committee. The request shall specify the portion of the member ship that is to receive that mailing and an
instruction to the class or type of mail or postage desired. The request shall be accompanied by at least one copy of the
literature (if the candidate wishes it to be duplicated by the mailing service), by a number of copies sufficient for
distribution (if the candidate duplicates the literature) or by a number of sealed envelopes, containing the literature,
sufficient for distribution (if the candidate duplicates the literature and stuffs the envelopes).

Except as provided for in these Rules, each candidate shall pay for the actual cost of distribution including
stationary, duplication, labor and postage.

The commercial mailing service, as a term of its engagement, shall ensure that each candidate’s campaign literature
is processed and distributed by the commercial mailing service in a complete and prompt manner, within five business days
of receiving literature from a candidate.

The Election Committee, the District Council, or the local union may not censor, regulate, or alter the contents of
any candidates’ campaign literature. The District Council may not seek to have the mailing service refuse to process or
distribute any candidate’s campaign literature on the basis of its content.

F. Freedom to Exercise Political Rights

1. Political Rights of Union Members

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A union member, including a member who is a Union officer or employee, has the right to participate in campaign
activities, including the right to openly support or oppose any candidate, to campaign for any candidate, and to make
personal campaign contributions. (the term “Union” means the United Brotherhood of Carpenters and Joiners of America,
all local unions and all other subordinate bodies, including the District Council.)

Prohibitions

Campaigning by a union member may not involve the expenditure of Union funds, except as provided for in the
Rules. No candidate, member, officer, employee or paid agent of the Union may campaign during his or her working hours.
However, campaigning during paid time off, including vacations, lunch hours or breaks, or campaigning incidental to work
or regular Union business, is permissible.

A local union or the District Council may not endorse or otherwise promote any
candidate, even if all members agree on the endorsement or candidacy.

Except as provided for in the Rules, Union funds, facilities, equipment, stationary, etc. may not be used to assist in
campaigning unless the candidate reimburses the Union for the costs of such goods and services and unless such goods and
services are equally available to all candidates and all candidates are notified a reasonable time in advance of the availability
of such good and services.

2. Access to Employer’s or Union’s Premises

No restrictions shall be placed upon a candidate’s or union members’ preexisting rights to use employer or Union
bulletin boards for campaign publicity. Similarly, no restrictions shall be placed upon a candidates’ or union member’
preexisting rights to solicit support, distribute leaflets or literature, conduct campaign rallies, hold fund raising events or
engage in similar activities on employer or Union premises. Such facilities and opportunities shall be made equally
available on the same basis to all candidates and union members as provided for by federal labor law.

3. Retaliation

Retaliation or threat of retaliation by the Union, any union member or an employer against any union member,
including one who is a Union officer or employee, for exercising any right guaranteed by the Rules is strictly prohibited.

G. Observers

1. General Rules

Each candidate shall have the right, at his or her expense, to have two (2) observers where and when observers are
required or allowed. However, the Election Monitor may reduce this number to one (1) where required by space or safety
considerations. Only a candidate or member in good standing may serve as an observer.

2. Processing and Distribution of Candidate Literature

An observer shall be permitted to observe the processing and distribution of campaign literature. This shall include
the opportunity to:

- observe the duplication of the literature, the stuffing of the envelopes, the placement of the mailing labels or the
members’ names and the addresses, and the postage on the envelopes; and

- accompany and observe any delivery of the literature by the mailing service to the post office.

An observer shall inform the Election Committee if he or she believes that a member’s address is incorrect or that
an eligible member has been improperly omitted from a mailing.

3. Mail Ballots for Positions of EST, President, Vice-President and Executive


Committee Member

An observer for a nominated candidate shall be permitted to:

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- inspect the list of members eligible to vote by mail;

- accompany the ballots to the post office and to observe their mailing; and

- be present when the ballots are counted.

4. Polling Site

Observers shall be permitted to observe the conduct of voting at the polling sites. Observers must present two (2)
forms of identification and a current union card to the Election Committee or his or her representative upon entry to the
polling site. Observers shall be able to:

- inspect the voting machines before voting commences each day;

- observe the opening of the polls;

- observe the list of members eligible to vote;

- observe the check made of the list of members eligible to vote and the voter identification and sign-in process
at the polling site;

- challenge the eligibility of a member to vote;

- observe the handling of members whose eligibility to vote is challenged;

- observe the opening of the voting machines prior to the counting of ballots; and

- observe the tally of the votes cast by machine and by the challenged ballot and the recording of the final vote.

Observers shall not interfere with the Election Committee in its performance of duties and shall not interfere with
or seek to influence votes or electioneer in any way.

5. Rights Under Law

An observer may act in any further capacity consistent with federal and state law.

IV. CAMPAIGN CONTRIBUTION AND DISCLOSURE

1. Overview

This section applies to all contributions received by a candidate seeking nomination or election to the Executive
Committee that he or she intends to expend in support of his or her candidacy for a position on the Executive Committee,
even if such campaign contributions were received prior to the effective date of the Rules. The term “campaign
contribution” is defined in Section VIII. A candidate should notify all prospective contributors of the limitations on
campaign contributions prescribed by the Rules.

A Candidate for a position on the Executive Committee may not;

- accept campaign contribution of more than $250 from any member of the United Brotherhood;
- accept any campaign contribution, or anything of value, from any person who is not a member of the District
Council or a local union affiliated with the District Council, or from any person who is a contracting member;
or
- accept any campaign contribution from any employer or labor organization, except as specified below.

A candidate may spend as much of his or her own money on his or her campaign as the candidate wishes, provided
the candidate complies with the campaign finance disclosure requirements found in this Section. Similarly, a candidate may
spend as much of his or her own money on his or her campaigning slate, provided that the money is used for campaigning
as an entire slate and the candidate complies with the campaign finance disclosure requirements found in this Section.

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2. Contributions from Union Members

A candidate may accept contributions of up to $250 from any member of the District Council, except from a
contracting member.

3. Contributions From Employers

No employer may contribute any monies or anything of value to the campaign of any candidate for a position on
the Executive Committee. No candidate for nomination or election to the Executive Committee shall accept or use any
monies or anything of value form any employer, representative of an employer, foundation trust or similar entity, except as
specified below.

This prohibition is not limited to employers that have contracts with the Union; it extends to every employer,
regardless of the nature of business, and includes, but is not limited to:

- any political action organization that employs anyone;

- any nonprofit organization, such as a church or civic group, that employs anyone; and

- any law firm or professional organization that employs anyone.

This prohibition extends beyond strictly monetary contributions made by an employer to include a ban on the
contribution and use of employer stationary, equipment, facilities and personnel and applies even if the employer is unaware
of the purposes for which its resources are being used.

4. Contributions from a Labor Organization

No labor organization, including but not limited to the Union, whether or not an employer, may contribute any
monies or anything of value to any campaign of any candidate for a position on the Executive Committee, except as
provided for in the Rules. This prohibition extends beyond strictly monetary contributions made by a labor organization to
include a ban on the contribution and use of the labor organization’s stationary, equipment, facilities and personnel.

Except as provided for in the Rules, no funds or thing of value of the Union shall be used to promote the candidacy
of any particular individual. This prohibition against the use of Union funds or thing of value includes the use of Union
stationary, equipment, facilities and the labor of Union employees, personnel or agents unless the Union is compensated for
such use by the candidate and unless all candidates are provided equal access to such goods and services and reasonable
notice of their availability. In no case shall any candidate use the Union’s office stationary or any stationary which appears
to be or is intended to appear to be the Union’s official stationary.

5. Contribution from Any Other Person or Entity

No other person or entity may contribute anything to any campaign, except as specified in the Rules. An
individual, however, may donate his or her services to a candidate provided that the individual donates these services on his
or her personal free time, the donation is truly voluntary and not coerced, and the donation is (a) made without
compensation in any form by an employer, labor organization or other person or entity who is not a member of the Union or
(b) not accompanied by the contribution of supplies or services of others who are compensated for such supplies or services
by an employer, labor organization or other person or entity who is not a member of the Union.

6. Contributions for Legal and Accounting Services

Nothing prevents a candidate from accepting legal or accounting services or financial support to pay for these
services provided that the services are obtained to assure compliance with applicable election laws, rules or other
requirements or to secure, defend or clarify his or her legal rights as a candidate, and the services or financial support for
such services are obtained from any person or entity other than:

- the Union or other organization or entity affiliated with, or within the jurisdiction of, the Union; or
- an “interested employer” or a contracting member.

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An “interested employer” includes any employer or association of employers which (a) is a party to a collective
bargaining agreement with the District Council and/or a local union, (b) has been the subject of an organizing campaign by
the District Council and/or any local union in the three years preceding the first day of in-person voting, or (c) is concerned
with, liable to, affected by or has some self-interest in litigations brought by a member against the District Council or any
local union.

Contributions of this kind are only permitted to the extent that they are used for the reasons specified above and
comply with the campaign finance disclosure requirements described below.

B. Disclosure

The Rules concerning campaign finance disclosure apply to each nominated candidate for the Executive Committee
individually, whether or not he or she is a member of a campaigning slate, and to any slate. They apply even if a candidate
is uncontested and even if a candidate received no contributions and expends no money.

1. Maintenance of Financial Records

A nominated candidate must:

- open and maintain one bank account into which he or she shall deposit any money the candidate expects
to spend on his or her campaign (or the campaign of his or her slate), which funds shall include only (a)
contributions from members of the United Brotherhood and (b) any of the candidates’ personal funds;

- deposited if necessary, open and maintain a second bank account into which only contributions toward fees
for legal or accounting services performed in assuring compliance with applicable elections laws, rules or
other requirements or in securing, defending, or clarifying his or her legal rights as a candidate as
described above in subsection if entitled “Contributions for Legal and Accounting Services” shall be;

- pay for expenditures of $100 or more by check or money order;

- maintain separate written record of every contributor’s name, address, contribution amount, local union
affiliation and/or ledger page number and the date of each contribution, without regard to the size of the
contribution;

- maintain all receipts or comparable written records demonstrating how the value of each in-kind
contribution was determined (any goods, services or in-kind contributions must be valued at fair market
value); and

- maintain clear, complete and accurate records for all contributions received, expenditures incurred and
goods and services obtained that demonstrate compliance with the Rules, the United Brotherhood
Constitution and applicable law. Such records shall include copies of all canceled checks, bills, receipts,
deposit slips, bank account statements, and any other documentation to verify contributions, expenditures
and services.

2. Access to Books and Records by the Election Committee and Election


Monitor

If necessary and relevant to the disposition of an election protest, the Election Committee and the Election Monitor
shall have complete and unfettered access to, including the right to make copies of, all books, documents, accounts,
correspondences, files, data compilations and other financial records that a nominated candidate must maintain under the
Rules. A nominated candidate must produce such material within seventy-two (72) hours of a written request by the
Election Committee or the Election Monitor.

3. Disclosure Statements

A nominated candidate for the Executive Committee must file with the Election Monitor three (3) campaign
contribution and expenditure disclosure statements. A member may obtain form disclosure statements by contacting the
Election Committee. Each nominated candidate shall have the right to inspect, but not make notes from or copy, his or her
opponents’ campaign contribution and expenditure disclosure statements at the offices of the Election Monitor, twice before

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the election and once after, by appointment made with Election Monitor. A nominated candidate must reveal the following
information.

- Contributions: for every member who has contributed $100 or more toward a campaign – either in one
contribution or in two or more contributions whose total value equals or exceeds $100 – the following information:
the member’s name, address, UBC number and local union affiliation; the date(s) and amount(s) of the
contribution(s); the manner in which the contribution was made (check, cash or money order) or, if the contribution
was of material or equipment, a description of the contribution and the value attributed to it.

- Expenditures incurred or goods or services obtained: for any expenditure incurred of $100 or more, or for
any thing of value, good or service obtained of $100 or more in value, the following information: the name and
address of the person or business providing the good or service; the amount of the expenditure incurred or the value
of the good or service obtained; the purpose of the expenditure incurred or the good or service obtained; the date
the expenditure was incurred or the good or service received; and, the manner in which the expenditure was made
(check or money order). Important Note: Where a candidate or campaign slate receives any thing of value, or
obtains or uses a good or service, and the thing, good or service was provided at other than fair market value, the
difference between the fair market value and the amount actually paid is a contribution. Such a contribution is
permitted only to the extent provided for in the Rules and Federal Labor law and, if permitted, must be disclosed in
accordance with this Section.

- Campaign account balances: the cash balance of the campaign account(s) at the beginning and end of the
reporting period, the total amount of contributions received, the total amount of expenditures incurred, and the total
amount of goods and services obtained.

- Account information: for the campaign account(s), the following information: the name of the bank or
other depository institution at which the account is maintained; the name of the account; the account signatories;
the account numbers; and the date the account was opened and, only if applicable, closed.

This disclosure requirements also apply to any contributions received, expenditures incurred or services obtained
by a nominated candidate to pay fees for legal and accounting services performed in assuring compliance with applicable
election laws, rules or other requirements or in securing, defending, or clarifying the legal rights of candidates as described
above in subsection if entitled “Contributions for Legal and Accounting Services”.

By accepting nomination for a position on the Executive Committee, a candidate gives formal legal consent to the
Election Monitor to obtain all information concerning the depository account(s) in which he or she has placed or will place
any contributions. The Election Monitor’s access shall extend, but is not limited, to all financial statements, canceled
checks and copies of deposited items.

4. Schedule

A nominated candidate for the Executive Committee must file with the Election Monitor, by certified or registered
mail, three (3) campaign contribution and expenditure disclosure statements according to the following schedule:

- The first statement, due on November 10, must detail all contributions received, expenditures incurred or
services obtained by the candidate through November 3, 2008.

- The second statement, due on November 24, must detail the contributions received, expenditures incurred or
services obtained by the candidate since November 3, 2008.

- The third and final statement, due on December 15, must detail the contributions received, expenditures
incurred or services obtained by the candidate since November 24, 2008.

5. Remedial Action for Contribution or Disclosure Violations


Any candidate failing to file the first and second contribution and expenditure disclosure statement by November
24, shall be presumed to have forfeited the right to have their literature mailed at the District Council’s expense pursuant
to Section III (E) (I) above. The Election Monitor may, upon a showing of good cause, relieve the candidate of such
forfeiture. In addition, the Election Monitor may take any appropriate remedial action to address any violation of this

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Section. Such action may include, but is not limited to, disgorgement and restitution, and may after a hearing on notice
order a nominated candidate off the ballot for failure to file a disclosure statement.

V. VOTING

A. Process

All votes for all Executive Committee positions shall be cast in-person by machine ballot at the District Council. A
member shall be permitted to vote by mail ballot if the member lives more than thirty (30) miles from Columbus Circle in
Manhattan and requests a mail ballot from the Election Committee. Retired members, wherever they reside, shall also be
permitted to vote by mail, but must also request a mail ballot from the Election Committee. By October 7, the District
Council shall mail to all members a notice prepared by the Election Committee describing the polling site at which members
may vote by machine and the method by which eligible members may obtain a mail ballot. Write-in votes will not be
permitted. The financial secretary of each local union shall be responsible for providing to the Election Committee all
records necessary to establish members’ eligibility to vote.

By June 30, 2008, the Election Committee shall provide to all local unions and the District Council instructions and
a schedule explaining the means by which voter eligibility information will be provided to the Election Committee. By
November 8, the Election Committee shall provide each nominated candidate and local union president with a schedule for
the production of ballots and the counting of votes. Upon receipt of the schedule, each local union president shall post such
schedule on the local union’s bulletin board until the certifications of the vote.

To be eligible to vote, a member must at the time of voting:

- have been initiated as a member of a local union at least 12 consecutive months; and

- otherwise be in good standing.

1. Voting by Machines (In-Person Voting)

The Election Committee shall devise and publish in The Carpenter procedures for the administration and
supervision of the polling site. Protests relating to said rules shall be filed with and decided by the Election Monitor. The
District Council shall also retain the Election Services Corporation – or a substantially equivalent organization in the event
that the Election Services Corporation is unavailable – to observe in-person voting and assist the Election Committee in the
administration of voting. Voting shall take place on December 12-13 between the hours of 6:00 a.m. and 7:30 p.m. each
day. A member shall provide his or her name, address and local union number and shall present two (2) forms of
identification to the Election Committee or a duly-authorized poll worker engaged to assist the Election Committee in
identifying and signing-in voters. After a member has voted, he or she shall leave the polling site immediately, unless the
member’s presence is permitted under these Rules. A member whose eligibility cannot be determined at the time he or she
attempts to vote by machine shall be given a challenged ballot.

No electioneering shall be permitted inside the polling site or within one hundred (100) feet of the entrances of the
polling site. At no time shall any person in or around the polling site attempt to influence, coerce, impede, obstruct or
otherwise disturb a member’s attempt to vote. No person shall enter the voting machine with any other at any time. If a
voter requires and requests assistance in reaching the ballot site, such assistance may be provided by supporters of one or
more of the candidates, so long as no electioneering takes place during the period in which assistance is rendered and so
long as no candidate’s supporters are precluded from rendering such assistance.

2. Voting by Mail

A retired member, a member living outside of a radius of thirty (30) miles from Columbus Circle in Manhattan, or a
disabled member unable to travel to the polling site, may request in writing a mail ballot from the Election Committee by
October 6, 2008. The request must state the member’s name, address and local union number and that the member wishes
to vote by mail and whether the request is based on retirement or mileage grounds, or whether the member is disabled. A
disabled member must submit a fully completed Declaration, Application and Certification of Disability, the form for which

15
is attached hereto as Appendix A (Page 24). The Election Committee shall decide the validity of all requests for mail
ballots. The Election Services Corporation, under the auspices of the Election Committee, will be responsible for
producing, distributing, collecting and tabulating mail ballots. Ballots and instructions will be mailed to members who
request a ballot starting on or before November 21, 2008. Mail ballots must be returned to the Election Services
Corporation by 7:30 p.m. on December 13.

B. Invasion of Mail Ballot Secrecy

No Union member, officer, business agent, steward or any other person or entity may demand or require any
member to give his or her ballot to any other person or entity, or demand or require any member to mark his or her ballot in
the presence of any other person. A union member may not give his or her mail ballot, marked or unmarked, to any other
person or entity.

C. Announcement of the Election Results

Upon completion of the vote count, the Election Committee shall immediately announce the election results to all
candidates and observers present. As soon as possible after the completion of the vote count, the Election Committee shall
provide each local union president with a copy of the official election tally sheet. Such tally sheet shall be posted on all
local union bulletin boards for at least thirty (30) days. Announcement of the election results does not constitute
certification, which is required before the results are official.

D. Certification of the Election Results

After the election process is completed in accordance with the Rules, and where either no timely objections to the
election are raised, or upon the conclusion of any investigation the Election Monitor may undertake with respect to the
election, the Election Monitor shall certify the election results and provide a copy of the election certification to the Election
Committee of the District Council. All ballots and records pertaining to the election shall be preserved by the District
Council, or the Local Union in the event of delegate elections, for one (1) year following the date of the election. In the
event that violation of the Rules or applicable law occurred that may have affected the outcome of the election, the Election
Monitor shall refuse to certify the election results and shall order that the election be re-run.

E. Installation of Officers

The elected officers of the Executive Committee and delegates will be installed at the first regular meeting of the
District Council following certification of the election results.

VI. PROTEST PROCEDURE

A. Filing a Protest

A protest may be filed in writing by any member by delivering the protest to the Election Committee by hand, mail
or facsimile transmission. The protest shall contain a clear and concise statement of the grounds for the protest and the
complainant’s name, address, phone number and local union affiliation. The complainant bears the burden of presenting
evidence of the alleged improper conduct. The Election Committee must provide a copy of the protest to any other person
or entity whom the Election Committee determines may be a subject of the protest decision or remedy. The person or entity
shall have the opportunity to present evidence and/or legal argument to the Election Committee.

The subject matter of a protest may include, without limitation, the following:

- Improper or inequitable treatment of a candidate or his or her supporters by the Union, including: improper
endorsements; threats, coercion or intimidation; aid or financial support of a candidate; or, discriminatory or
prohibitive access to the membership, including access to local union meetings, mailing and membership
information.

- Improper or inequitable treatment of a candidate or his or her supporters by an employer, including:


endorsements, threats, coercion or intimidation; aid or financial support of a candidate; or discriminatory
access to job sites.

- Threats, coercion, intimidation or acts of violence committed toward a member with respect to the election.

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- Improper aid or financial support to a candidate.

- Improper action or conduct by the Election Committee

A protest must be filed with the Election Committee within five (5) working days of the time when the complainant
becomes aware or reasonably should have become aware of the action under protest (or within five days of the selection of
the Election Committee). Failure comply with these deadlines may result in a waiver of the protest.

The Election Committee shall have access to all Union information relevant to its investigation of a protest and may
require a sworn statement in the form of an affidavit from any union member or employer.

B. Investigation by the Election Committee

Within seven (7) days after receipt of a protest, the Election Committee shall evaluate the protest and notify the
complainant, the Union official or member involved, any candidate adversely affected, and any person or entity who is the
subject of the decision or remedy, in writing of its decision. The Election Committee may:

- determine the merits of the protest, and if found meritorious, determine the appropriate remedy;

- decide to hold a hearing as provided for in this Section of the Rules if issues of fact cannot be resolved upon
sworn statement; and/or

- recommend that the District Council bring charges before the District Council trial committee.

C. Hearing by the Election Committee

The Election Committee may commence a hearing within five (5) days after notifying the parties involved. The
Election Committee shall determine whether the hearing shall be conducted in person or by telephone. The following
individuals may participate in any hearing: the complainant and/or his or her representative; any representative of the Union
official or member involved or his or her representative; any person or entity who is the subject of the decision or remedy
and that person or entity’s representative; and any other person deemed relevant by the Election Committee. If a hearing is
held, it must be concluded within 14 days of the Election Committee’s having received the protest.

Within two (2) working days of the conclusion of the hearing, or within 10 days of receiving a protest, if no hearing
is held, the Election Committee shall issue a written decision, making findings of fact and ordering appropriate relief. The
parties involved and any candidate, person or entity adversely affected or who is the subject of the decision or remedy shall
be notified promptly of the decision by certified or registered mail.

D. Remedies

If, as a result of any protest filed with the Election Committee, the Election Committee determines that the Rules or
any law have been violated or that any other conduct has occurred which may prevent or has prevented a fair, honest and
open election, the Election Committee may take remedial action as appropriate. Such remedial action may include:

- recommending that a candidate be added to or removed from the ballot;

- qualifying or disqualifying any member from voting;

- require or limiting access to the Union’s or any employer’s premises;

- requiring the District Council to mail or otherwise distribute, at its own expense, candidate campaign materials;

- requiring the District Council or the local unions to hold meetings and prescribing the format or content of such
meeting;

- requiring the return of campaign contribution;

- requiring reimbursement for goods or services;

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- requiring the District Council or local unions to provide a candidate with specific goods or services;

- regulating the number and conduct of observers or disqualifying observers or members of the Election
Committee;

- ordering the rerun of an election; and

- requiring immediate compliance with the Rules, or any portion thereof.

In addition to whatever remedial action it may take, the Election Committee may recommend that disciplinary
charges be heard by the District Council Trial Committee for election-related offenses described in Section Seven.

E. Review by the Election Monitor

Any party aggrieved by a decision of the Election Committee may appeal that decision to the Election Monitor. An
appeal to the Election Monitor must be filed within 5 days of receiving the decision of the Election Committee. Any party
aggrieved by a decision of the Election Committee may seek from the Election Monitor a stay of such decision pending an
appeal to the Election Monitor. In addition, if the Election Committee fails to comply with any of the deadlines set forth in
this Section with respect to any protest, the complainant may present the protest to the Election Monitor, who shall
investigate and decide the protest in lieu of the Election Committee.

In reviewing any decision of the Election Committee, or in deciding any protest, the Election Monitor shall have
the power to undertake any relevant investigation, including the power to obtain access to all relevant Union information, to
require sworn statements from any union member or employer, and to conduct a hearing in person or by telephone. The
Election Monitor shall have the power to make his or her own findings of fact based on the Monitor’s investigation and/or
evidence before that Election Committee, notwithstanding any findings of fact that may have been made by the Election
Committee.

The Election Monitor shall issue a written decision on any appeal or protest that comes before the Monitor within
14 days of receiving the appeal or protest. The parties involved and any candidate, person or entity adversely affected or
who is the subject of the decision or remedy shall be notified promptly of the decision by certified or registered mail. If the
Election Monitor determines that the Rules or any law have been violated or that any other conduct has occurred that may
prevent or has prevented a fair, honest and open election, the Election Monitor may take remedial action as appropriate,
including (but not limited to) any action set forth in Section VI.D above. Any remedial action taken by the Election
Monitor as to any protest shall supersede any remedial action taken by the Election Committee as to the protest.

VII. DISCIPLINE

The Election Committee and/or Election Monitor may recommend to the District Council that a member be disciplined
for the conduct enumerated below:

- Collecting or inspecting ballots – Requesting, receiving, collecting, taking, completing, or inspecting another
member’s ballot, or requiring any member to complete a ballot in the presence of any other person.

- Giving one’s ballot to another person – Surrendering, providing or giving an election ballot to any other person.
This provision does not prevent a member from mailing the ballot to the Election Services Corporation as provided
for in the Rules or from giving a completed ballot to an immediate family member for this purpose or from giving an
election ballot to the Election Monitor in the course of an investigation.

- False representations regarding ballot secrecy - Falsely representing, for the purpose of influencing any
member’s choice of candidate(s) or decision to cast a ballot, that the balloting is not secret or that any person or entity
is capable of determining how any individual member voted.

- Forgery – Forging a signature on any document submitted to the Election Committee or the Election Monitor
pursuant to the Rules.

- Campaigning with Union Funds – Knowingly using Union funds in any way, except as provide in for in the
Rules, to promote any candidate for a position on the Executive Committee.

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- Campaigning with Funds of Non-Members – Knowingly using in any way, or accepting or receiving, money,
funds or anything of value, from any person who is not a member of the United Brotherhood or from a contracting
member, except that money may be accepted from any person other than the Union, an interested employer, or a
contracting member when it is received and used for fees for legal and accounting services performed in either
assuring compliance with applicable election laws, rules or other requirements or securing, defending or clarifying the
candidate’s legal rights. (The terms “interested employer” and “contracting member” are defined in Section VIII.)

- Interfering with the exercise of political rights – Extorting, committing or threatening physical violence or taking
any adverse economic action against any member for supporting or failing to support any candidate for a position on
the Executive Committee or for the exercise or failure to exercise any political right guaranteed under the Rules, the
United Brotherhood Constitution, the District Council By-Laws, federal labor law, or United States Constitution in
the course of the election. The term “adverse economic action” includes, but is not limited to, action affecting a
member’s employment, union job referral status, or union membership status or position. The term “extortion” mean
impeding a member’s exercise of political rights, with his consent, induced by wrongful use of actual or threatened
force, violence, fear or under color of official right.

- Voting Fraud – Engaging in any scheme or artifice designed to permit ineligible members to vote, to prevent
eligible members from voting, to prevent the ballots of any members from being received by the Election Services
Corporation, or to prevent the ballots of eligible members from being counted.

- Ballot tampering – Tampering with any competed ballot.

- False Statements and Testimony – Providing knowingly and materially false statements or testimony to the
Election Committee or the Election Monitor in any submissions or proceedings, including the protest procedures,
under the Rules.

- Suborning perjury and obstructing Proceedings – Suborning perjury or using intimidation, extortion, bribery,
physical force, or threat thereof, or misleading conduct, to persuade another person to: (i) delay or prevent the
testimony of any person; (ii) withhold testimony or other evidence; (iii) alter, destroy, mutilate or conceal any object
or document with the intent to impair the object or document’s integrity or availability for use, review or inspection;
(iv) evade process summoning a person to appear as a witness or to produce a document or other object; or (v) be
absent after having been properly summoned as a witness in any election hearing under the Rules or disciplinary
proceeding brought under this Section and the Consent Decree.

- Failure to supervise – Every candidate is responsible for supervising his or her staff, including, but not limited to,
campaign workers, organizers, consultants and observers who are working for that candidate’s nomination and
election. A candidate commits an election offense if the candidate knowingly permits any person associated with his
or her campaign to violate, or to attempt or to conspire to violate, any of the enumerated election offenses in the
course of campaigning, or knowing of such offense, fails to report a description of the conduct and the person
committing it in a prompt and timely fashion to either the Election Committee or the Election Monitor.

A member who commits any of the foregoing offenses may be subject to Union disciplinary action. A member
who knowingly and intentionally aids, abets, counsels, commands, induces, procures, or causes the commission of any of
theses offenses is subject to the same charges and discipline as the person who directly commits the offense. A member is
also subject to Union disciplinary charges if he or she attempts or conspires to commit any of the foregoing offenses in the
course of campaigning for a position on the Executive Committee.

The District Council shall within ten (10) days of a recommendation either file charges based on such
recommendation of the Election Committee or Election Monitor or shall explain in a written response to the recommending
party why charges are not warranted.

VIII. Definitions

A. The term “campaign contribution” means any direct or indirect contribution of money or thing of value where
the purpose, object or foreseeable effect of that contribution is to influence, positively or negatively, the election of a
candidate. Campaign contributions include, but are not limited to:

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- Contribution of money, securities, or any material thing of value;

- Payment to or subscriptions for fund raising events of any kind (e.g., raffles, dinners, beer or cocktail parties,
etc.);

- Discounts in the price or cost of goods or services, except to the extent that commercially established discounts
are available to the customers of the supplier;

- Extensions of credit, loans, and other similar forms of finance, except where obtained in the regular course of
business of a commercial lending institution and on such terms and conditions as are regularly required by such
institutions;

- The payment for the personal services of another person, or for the use of building or office space, equipment
or supplies, or advertisements through the media; or

- The performance of personal services or the making available for use of space, equipment, supplies or
advertisements, except that the term “campaign contribution” does not include the performance of services by
volunteer rendered on the volunteer’s personal free time, provided the donation is truly voluntary and not
coerced, and the donations is (a) made without compensation in any form by an employer, labor organization
or other person or entity who is not a member of the Union or (b) not accompanies by the contributions of
supplies or services of others who are compensated for such supplies or services by an employer, labor
organization or other person or entity who is not a member of the Union.

B. The term “candidate” means any member who satisfies the candidate eligibility requirements and is either
seeking nomination to a position on the Executive Committee or in the Delegate Body or is a nominated candidate for such
position.

C. The term “certified or registered mail” means mail for which the sender received evidence of delivery, and
includes commercial overnight mail services.

D. The term “Consent Decree” refers to the consent decree entered into between and among the United States
Government, the District Council, and others in the case of United States v. District Council of New York City and Vicinity
of the United Brotherhood of Carpenters and Joiners of America, et al., 90 Civ. 5722 (CSH) (S.D.N.Y. 1994).

E. The term “contracting member” means a member who is a contractor or is engages in the business of
contracting.

F. The term “day(s)” mean calendar day(s), unless otherwise specified.

G. The term “District Council” means the District Council of New York City and Vicinity of the United
Brotherhood of Carpenters and Joiners of America.

H. The term “election” means the process by which a member is chosen by the membership to hold a position on
the Executive Committee, whether or not contested.

I. The term “Election Monitor” means the individual selected by the Election Committee and engaged by the
District Council to decide election-related disputes and perform enumerated functions under the Rules.

J. The term “employer” means any individual, corporation, trust, organization or other entity that employs another,
paying monetary or other compensation in exchange for that individual’s services, but does not include a candidate’s
campaign or campaign organization or a caucus or group of Union members provided that such caucus or group is itself
financed exclusively from contributions permitted under the Rules.

K. The term “employer bulletin board” means any bulletin board on the premises of an employer which is used,
among other purposes, for the posting of general information and for the posting of notices by employees.

L. The term “interested employer” includes any employer or association of employers which is (a) a party to a
collective bargaining agreement with the District Council and/or any local union, or (b) the subject of an organizing

20
campaign by the District Council and/or any local union since January 1, 1992, or (c) concerned with, liable to, affected by
or has some self interest in litigation brought by a member against the District Council or any local union.

M. The term “Investigations and Review Officer (“IRO”)” refers to the IRO designated in the Consent Decree and
any stipulation of the parties approved by the Court which serves to extend his authority. (Expired)

N. The term “labor organization” means any organization recognized or certified as a collective bargaining
representative of employees, or any organization seeking to be so recognized or certified, and includes any organization of
any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employees
participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievance, labor
disputes, wages, rates of pay, hours or other terms or conditions or employment, and any conference, general committee,
joint or system board, or joint council so engaged which is subordinate to a national or international labor organization other
than a State or local central body.

O. The term “local union” means any local union chartered under the United Brotherhood Constitution and within
the jurisdiction of the District Council of New York City and Vicinity of the United Brotherhood of Carpenters and Joiners
of America.

P. The term “member” means any person who has fulfilled the requirements of membership in any local union
within the jurisdiction of the District Council for New York City and Vicinity of the United Brotherhood of Carpenters and
Joiners of America and who has neither voluntarily withdrawn from membership nor been lawfully expelled or suspended
from membership.

Q. The term “member in good standing” means a current member who is not suspended and who has paid his or
her dues in full or owes less than three months’ dues.

R. The term “nominated candidate” means a member who satisfies the candidate eligibility requirements for the
Executive Committee.

S. The term “The Carpenter” means The Carpenter newspaper or any substitute for it, by whomever issued.

T. The term “Union” means the United Brotherhood of Carpenters and Joiners of America, all local unions and all
other subordinate bodies, including the District Council.

U. The Term “Union bulletin board” means any bulletin board to which the District Coucnil and local unions have
access for the purpose of posting information concerning the business and/or activities of the District Council and local
unions, and includes bulletin boards at the offices of the District Council and local unions as well as bulletin boards located
on employer premises.

IX. ADMINISTRATION

a. Effective Date of the Election Rules

The Election Rules shall take effect on June 1, 2008.

b. Election Committee

An Election Committee comprising one member of each local union shall be formed to assist in the implementation
of the Rules and perform enumerated tasks under these Rules. Only members in good standing may serve on the Election
Committee, and each Election Committee member must attend at least one training session to be given by the District
Council. No nominee for any position covered by these rules and no business representative or manager is eligible to serve
on the Election Committee. Meetings of the Election Committee shall be conducted under Roberts Rules of Order. Minutes
of each meeting shall be taken. A stenographic transcript of any Election Committee meeting must be made if requested by
five of its member, by letter delivered 24 hours before a meeting to the Election Committee chairman, alternate chairman or
recording secretary.

The Election Committee shall meet not less than once per week in regularly schedules sessions from June 30, until
such time as all ballots are counted or found to be ineligible to be counted under the Rules. All decisions by the Election
Committee shall be by a majority vote of its total members (with all ties decided by its chairman). Special meeting may be

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scheduled by agreement at a regular meeting or called with 36 hours notice to all members of the committee. Members of
the Election Committee may participate in meetings by telephone.

Among other things, the Election Committee shall be responsible for:

- Providing all local unions and the District Council with instructions and a schedule explaining the manner in
which the local union financial secretaries will provide voter eligibility information to the Election Committee.

- Holding a nomination meeting at the District Council for the positions of EST, President and Vice President.

- Mailing, at District Council expense, a notice of nominations to all member at their last know address.

- Providing each nominated candidate and local union president with a schedule for the production of ballots and
the counting of votes.

- Devising and publishing in The Carpenter procedures for the administration and supervision of the polling site.

- Maintaining and dissemination information regarding job site, collective bargaining agreements, and
membership lists, as set forth above.

- Disseminating campaign literature, as set forth above.

- Overseeing the election of Executive Committee member, including the distribution and tabulating of mail
ballots.

- Deciding election protests, as set forth in Section VI, above, subject to review by the Election Monitor.

- Performing all other duties as required by these rules.

The Election Committee shall, by majority vote, select a neutral election monitor (the “Election Monitor”), from a
list of candidates submitted by the United States Attorneys’ Office for the Southern District of New York, to settle election
disputes and perform enumerated tasks under the Rules. If willing and able to serve, the Election Monitor shall be engaged
by the District Council after his or her selection by the Election Committee. The District Council shall immediately inform
the Election Committee of the refusal or inability to serve of any individual selected by the Election Committee. The
District Council may negotiate the terms of the engagement of the Election Monitor in a manner consistent with these
Rules. All the work performed by the Election Monitor or a person in his employ shall be detailed in writing. The fees of
the Election Monitor shall be commercially reasonable and paid every thirty (30) days by the District Council.

The Election Committee may not consider for selection as Election Monitor any member or employer, or any
attorney, accountant or other professional, or any agent, employee or representative thereof, who has been retained by and
rendered services to the District Council or to any local union or to any member who has ever served as a District Council
or local union officer. The Election Committee shall give due consideration to academics in the employ of law schools and
universities who are familiar with the arbitration process and labor law for said position. The District Council shall inform
the government of the identity of the individual selected by the Election Committee within two (2) business days of the
selection. The government may timely apply to the District Court to have the selection vetoed and the government and the
District Council shall be heard before any such veto is made by the District Court.

The Election Committee shall examine and approve the ballot prototype devised by the Election Services Corporation.

The Election Committee shall be present at the counting of ballots by the Election Services Corporation in order to resolve
questions pertaining to voter eligibility and the validity of cast ballots.

Any decision of the Election Committee is subject to review by the Election Monitor. The Election Committee shall, on
each Monday from July 21 through such time as the election results are certified, send to the Election Monitor copies of all
documents received by the Election Committee in the previous week.

All expenses required to be incurred by the Election Committee under the Rules shall be paid by the District
Council and shall be submitted in documented form by the Election Committee to the Secretary/Treasurer of the District
Council. The District Council shall provide to the Election Committee office and meeting space and support services and

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equipment, including telephone, facsimile and photocopying, as required. All correspondence for the Election Committee
may be addressed to the Election Committee may be addressed to the Election Committee at the office address of the
District Council.

c. Role of the District Council

Officers and employees of the District Council shall carry out the responsibilities assigned to them in the Rules in a
competent manner that is free of discrimination or partisanship.

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New York City District Council
2008 Election Mail Ballot Request

I, ___________________________, of Local Union ___________,


(PRINT MEMBER’S NAME)

U______-_______, residing at _________________________________________,


(U.B.C. # MUST BE ENTERED) (STREET ADDRESS) (CITY) (STATE) (ZIP CODE)

request a mail ballot because I have met one of the criteria below: (please check appropriate box):

I am:
1. … Retired (Election Committee shall verify this with the New York City District Council
Pension fund)

2. … Living 30 miles or more from Columbus Circle, Manhattan (your zip


code on file with your local union shall be verified as being 30 or more miles from Columbus
Circle, Manhattan by the Election Committee; see attached list of ineligible zip codes.)

3. … Disabled (submit Notarized “Application, Declaration and Certification of Disability” form


along with medical proof from attending physician; see form below).

__________________________________ ________________
(SIGNATURE) (DATE)

Declaration Application & Certification of Disability


(Only for those who check Box # 3 above.)

I, _____________________, of Local Union _______, U______-_______,


(Print Member’s Name) (U.B.C. # MUST BE ENTERED)
residing at ______________________________________, hereby swear that I am disabled
(STREET ADDRESS) (CITY) (STATE) (ZIP CODE)
and request a mail ballot for the New York City District Council Executive Officer Elections to be
held on December 12-13, 2008 and have included medical documentation from my attending doctor
to verify this request (please see attached). I understand that the New York City District Council
Election Committee determines eligibility requests for all mail ballots.

__________________________ ___________
(SIGNATURE) (DATE)

Sworn to before me on this


____ day of _______________, 20____

___________________________
(NOTARY’S SIGNATURE)

SUBMIT THIS COMPLETED FORM, ALONG WITH ANY MEDICAL DOCUMENTATION (REQUIRED IF YOU CHECKED BOX # 3) NO LATER THAN
OCTOBER 6, 2008 TO THE N.Y.C. DISTRICT COUNCIL ELECTION COMMITTEE AT 395 HUDSON STREET, 9TH FLOOR, NEW YORK, NY 10014
ATTN: MAIL BALLOT.

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