The act requires that all officers be elected. But what does "officer" mean? The act defines the term as "any constitutional officer, any person authorized to perform the functions of president, vice president, secretary, treasurer, or other executive functions of a labor organization, and any member of its executive board or similar governing body." A constitutional officer is any person holding a position identified as an officer by the constitution and bylaws of the union. All constitutional officers must be elected, even if they do not perform any executive functions. The major union offices (the president, vice president, secretary, treasurer, and members of executive boards or similar governing bodies) must be filled by election. In addition, any person who has executive or policymaking authority or responsibility must be elected even though he may not occupy a position identified as an officer position under the union's constitution and bylaws.
Most shop stewards, for example, are not required to be elected because they normally do not exercise executive functions. However, a shop steward would qualify as an officer (and thus become subject to the act's election requirements) if he were so designated in the union's constitution or if, as a steward, he were a member of the union's executive board. In many cases the business agent or business representative of a union has duties that result in his position falling within the definition of "officer." For example, if he has primary responsibility for the control and management of the union's funds and fiscal operations, he would be considered an officer for purposes of the act.
In addition, any delegate who votes for officers of a national or international union or an intermediate body, such as a conference or a council, must be elected by secret ballot among the members in good standing of the union he represents. If the constitution and bylaws state that one of the functions of a particular elected officer is to be a delegate who votes for officers, a special election of that officer to be a delegate is not necessary if the officer has been elected by secret ballot among the members in good standing of the union he represents.
While all union officers, including members of executive boards or similar governing bodies, must be elected, the act provides a choice for some types of unions between direct secret ballot elections by the members and indirect elections by delegates or officers representing the members.
Thus, officers of a local union must be elected directly by secret ballot among the members in good
standing. Officers of a national or international union, on the other hand, may be elected either by secret ballot among the members in good standing or at a convention of delegates chosen by secret ballot. Officers of an intermediate body may be elected either by secret ballot among the members in good standing of the constituent unions, or by officers of the constituent unions who represent the members and who have been elected by secret ballot.
Professional and other staff members of a union need not be elected if they do not determine policy but are employed only to carry out the union's policy decisions. These persons are subject to the control and direction of the elected officials, and the act does not require such professional or other staff members to be elected.
The act does not require elections for union officials who do not perform executive functions, are not officers under the constitution and bylaws, and are not members of the executive committee or similar governing body of the union. However, the union's constitution and bylaws may require that such positions be filled by election. In this case, the procedures of title IV need not be followed since the holders of these kinds of positions are not considered officers under the act.
http://www.dol.gov/olms/regs/compliance/ElecOfficer/elecofficer.htm