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To: Carina Grove, CAPS Recording Secretary and the CAPS Elections Committee members: Caitlin Dalby, Daniel Ellis, Liza Legorova, Katie Osborn, Rob Rossi
CONFIDENTIAL & URGENT PROTEST OF ELECTION ELIGIBILITY
Subject: Formal Protest Regarding the Candidacy of Jacqueline Tkac for President
Dear Recording Secretary and Election Committee Members,
This letter serves as a formal protest of the candidacy of Jacqueline Tkac for the office of president in the upcoming CAPS Local 1115 election. This protest is filed in accordance with the UAW International Constitution, Article 38 and Local 1115 Bylaws, Article 3(2), Article 6(1), Article 7(1), and Article 15(6), which govern election protests and eligibility requirements.
The basis for this protest is the ineligibility of Jacqueline Tkac to hold elected office due to a failure to meet the fundamental requirements of membership and continuous good standing as defined by our governing documents.
Specifically, on or about May 27, 2025, Ms.Tkac resigned from her position as a state worker within Bargaining Unit 10. According to our CAPS Local 1115 Bylaws, Article 3, Section 2, membership is contingent on being "employed in positions represented by the Local Union" and paying dues.
Article 6, Section 1 states that the President is an elected Executive Officer of the Local Union. Article 7 Section 1, states that elected Local Union Executive Officers are on the Executive Board. Article 15, Section 6 of the bylaws specifies that "all Executive Board candidates shall belong to the Rank-and-File Unit." Article 3 of the CAPS Local 1115 Bylaws explicitly defines membership as being an 'employee in a State Civil Service classification within Bargaining Unit 10'. Ms. Tkac, having resigned from state service, is no longer employed in a State Civil Service classification within Bargaining Unit 10 and is therefor an ineligible candidate for an elected Local Union Executive Officer position that serves on the Executive Board.
Although she was subsequently hired as Union Coordinator for CAPS Local 1115, staff positions are not within Bargaining Unit 10 represented by CAPS Local 1115. As a result, her status as a member in good standing, based on being an employee in a represented classification, was broken, rendering her ineligible to be a candidate for a local union office under our Local 1115 bylaws and the UAW International Constitution, Article 38, Section 3.
Furthermore, our Local 1115 bylaws Article 12, Section 2, creates a separate and distinct role for "Local Union staff". This article establishes the Personnel Committee, which is "empowered to hire, terminate, supervise, and otherwise manage Local Union staff" and places the President on that Committee. Allowing a union staff member to hold the office of President creates a clear and unresolvable conflict of interest, as the President would be placed in a position of supervising their own employment.
We respectfully request that the Recording Secretary and the Elections Committee investigate this matter, rule Ms. Tkac ineligible for elected office, and take the necessary steps to preclude her from the election ballot.
Please provide a written response outlining your determination as soon as possible, in accordance with the established timelines for election protests. We reserve the right to appeal this decision to the International Executive Board in the event of an unfavorable ruling.
Sincerely,
Concerned CAPS Members
Dear Recording Secretary and Election Committee Members,
This letter serves as a formal protest of the candidacy of Jacqueline Tkac for the office of president in the upcoming CAPS Local 1115 election. This protest is filed in accordance with the UAW International Constitution, Article 38 and Local 1115 Bylaws, Article 3(2), Article 6(1), Article 7(1), and Article 15(6), which govern election protests and eligibility requirements.
The basis for this protest is the ineligibility of Jacqueline Tkac to hold elected office due to a failure to meet the fundamental requirements of membership and continuous good standing as defined by our governing documents.
Specifically, on or about May 27, 2025, Ms.Tkac resigned from her position as a state worker within Bargaining Unit 10. According to our CAPS Local 1115 Bylaws, Article 3, Section 2, membership is contingent on being "employed in positions represented by the Local Union" and paying dues.
Article 6, Section 1 states that the President is an elected Executive Officer of the Local Union. Article 7 Section 1, states that elected Local Union Executive Officers are on the Executive Board. Article 15, Section 6 of the bylaws specifies that "all Executive Board candidates shall belong to the Rank-and-File Unit." Article 3 of the CAPS Local 1115 Bylaws explicitly defines membership as being an 'employee in a State Civil Service classification within Bargaining Unit 10'. Ms. Tkac, having resigned from state service, is no longer employed in a State Civil Service classification within Bargaining Unit 10 and is therefor an ineligible candidate for an elected Local Union Executive Officer position that serves on the Executive Board.
Although she was subsequently hired as Union Coordinator for CAPS Local 1115, staff positions are not within Bargaining Unit 10 represented by CAPS Local 1115. As a result, her status as a member in good standing, based on being an employee in a represented classification, was broken, rendering her ineligible to be a candidate for a local union office under our Local 1115 bylaws and the UAW International Constitution, Article 38, Section 3.
Furthermore, our Local 1115 bylaws Article 12, Section 2, creates a separate and distinct role for "Local Union staff". This article establishes the Personnel Committee, which is "empowered to hire, terminate, supervise, and otherwise manage Local Union staff" and places the President on that Committee. Allowing a union staff member to hold the office of President creates a clear and unresolvable conflict of interest, as the President would be placed in a position of supervising their own employment.
We respectfully request that the Recording Secretary and the Elections Committee investigate this matter, rule Ms. Tkac ineligible for elected office, and take the necessary steps to preclude her from the election ballot.
Please provide a written response outlining your determination as soon as possible, in accordance with the established timelines for election protests. We reserve the right to appeal this decision to the International Executive Board in the event of an unfavorable ruling.
Sincerely,
Concerned CAPS Members
Why is this important?
We fought hard to make CAPS a member lead union.
CAPS staff are not state scientists and are not eligible to hold elected office.
CAPS staff are not state scientists and are not eligible to hold elected office.