OFFICE OF THE ELECTION SUPERVISOR for the INTERNATIONAL BROTHERHOOD OF TEAMSTERS

Transcription

1 OFFICE OF THE ELECTION SUPERVISOR for the INTERNATIONAL BROTHERHOOD OF TEAMSTERS ) IN RE: ELIGIBILITY OF DELEGATE ) Protest Decision 2006 ESD 91 AND ALTERNATE DELEGATE ) Issued: CANDIDATES OF LOCAL ) OES Case No. E HQ UNION 726 ) ) Vanessa Bankhead, a member of Local Union 726, filed an eligibility protest pursuant to Article XIII, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election ( Rules ). The protest alleged that all candidates nominated for delegate and alternate delegate at Local Union 726 were ineligible to run for those positions. The protest further alleged that all persons who nominated and who seconded the nominations of the candidates for delegate and alternate delegate were ineligible to nominate and to second such nominations. Election Supervisor representatives Steven R. Newmark and Jeffrey Ellison investigated this protest. Findings of Fact and Analysis At the nomination meeting held January 18, 2006, Thomas Clair, John Falzone, Kenneth Brantley, John Hurley, and Anthony Fiori were nominated for delegate and Linda Cruz and Michael Melone for alternate delegate on the Fair and Equity slate. Donald Bellheimer, Michael Edwards, Carlos Sanchez, Ray Erickson and Tres Peel were nominated for delegate and Victor Tanco for alternate delegate on the F.E.F.A. slate. George Buccieri, Brian Duffy, Paul Alvarez, Tommie Spencer and William Wade were nominated for delegate on the Every Teamster Counts slate. Finally, Vincent Tenuto, James Glaesser, Mary King, Joe Arce, Joe Vercillo, Ruby Franklin, and Tom Respondi were nominated as independent candidates for delegate, and Patrick Johnston was nominated as an independent candidate for alternate delegate. Protestor Bankhead alleged that these candidates may be ineligible due to the 24 consecutive month rule. The only evidence Bankhead produced to support her sweeping challenge to each candidate for every position in the delegate and alternate delegate election was that she never saw these members before at union meetings. Article VI, Section 1 of the Rules, provides that to be eligible to run for any Convention delegate, alternate delegate or International Officer position, one must: (1) be a member in continuous good standing of the Local Union, with one s dues paid to the Local union for a period of twenty-four (24) consecutive months prior to the month of nomination for said position with no interruptions in active membership due to suspensions, expulsions, withdrawals, transfers or failure to pay fines or assessments; [and] (2) be employed at the craft within the jurisdiction of the Local Union for a period of twenty-four (24) consecutive months prior to the month of nomination. Article VI, Section 3 of the Rules bars enforcement of any meeting attendance requirement as a condition for establishing one s eligibility to run for any Convention delegate, alternate delegate or International Officer position.

2 TITAN records demonstrated that each candidate paid dues by check-off authorization for the 24-month eligibility period. In rare instances, monthly dues for some candidates were not posted to TITAN until a month after the month in which they were due. Had these candidates been cash-dues payers, these late payments would have constituted interruptions in continuous good standing and rendered them ineligible to office. However, a member on dues check-off retains his good standing even if his dues were remitted late or not at all, provided he gave a check-off authorization and had sufficient earnings in the month from which dues could have been deducted. Dunn, E9 (October 31, 1995); Reynozo, 2005 ESD 18 (October 25, 2005); aff d, 06 EAM 05 (January 4, 2006). For the candidates for whom TITAN records showed late posting of monthly dues payments, investigation demonstrated that these members had sufficient earnings in the months for which no dues were posted to fund those dues. Accordingly, they do not suffer a break in continuous good standing as the result of these late dues postings. In sum, our thorough investigation found that all candidates for delegate and alternate delegate maintained continuous good standing for the full 24-month eligibility period, despite the protestor s assertion that she never saw them before. To be eligible to nominate or second a nomination, a member must be in good standing, with his/her dues paid through the month prior to the nominations meeting. Article II, Section 5(h). TITAN records for all nominators and seconders demonstrated that they all paid dues by check-off authorization. TITAN and employment records demonstrated either that these members had dues deducted from their wages in December, the month preceding the month of the nomination meeting, or had sufficient wages in that month from which dues could have been deducted. Accordingly, each nominator and seconder was qualified under the Rules to perform that function. For these reasons, we find all candidates nominated either for delegate or alternate delegate in Local Union 726 to be ELIGIBLE for those positions. Accordingly, we DENY the protest in all respects. We conclude with these observations. Article XIII, Section 1 of the Rules grants each member the right to file a protest with the Election Supervisor alleging noncompliance with these Rules. However, it shall be the burden of the complainant to present evidence that a violation has occurred. Here, the sum of protestor Bankhead s evidence was her bare claim that the candidates were ineligible because she never saw them before. She leveled this protest at all candidates, including incumbent local union officers and business agents who have appeared at local union meetings for years. To chase down this broad claim, our office expended considerable resources funded with Teamster dues dollars to investigate the dues payment and employment histories of 26 candidates for delegate and alternate delegate and another score of members who nominated and seconded nominations. Contradicting the protestor s claim that all candidates, nominators and seconders were ineligible, we concluded they were all eligible. Under these circumstances, we understate the case when we say that the protestor s assertion that these candidates were ineligible was irresponsible. Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within two (2) working days of receipt of this decision. The parties are 2

3 reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Supervisor in any such appeal. Requests for a hearing shall be made in writing, shall specify the basis for the appeal and shall be served upon: Kenneth Conboy Election Appeals Master Latham & Watkins 885 Third Avenue, Suite 1000 New York, New York Fax: (212) Copies of the request for hearing must be served upon the parties, as well as upon the Election Supervisor for the International Brotherhood of Teamsters, 1725 K Street, N.W., Suite 1400, Washington, D.C , all within the time prescribed above. A copy of the protest must accompany the request for hearing. cc: Kenneth Conboy 2006 ESD 91 Richard W. Mark Election Supervisor 3

4 DISTRIBUTION LIST (BY UNLESS OTHERWISE SPECIFIED): Bradley T. Raymond, General Counsel International Brotherhood of Teamsters 25 Louisiana Avenue, NW Washington, DC Sarah Riger, Staff Attorney International Brotherhood of Teamsters 25 Louisiana Avenue, NW Washington, DC David J. Hoffa, Esq. Hoffa Northwestern Highway, Suite 324 Farmington Hills, MI Barbara Harvey 645 Griswold Street Suite 3060 Detroit, MI Ken Paff Teamsters for a Democratic Union P.O. Box Detroit, MI ken@tdu.org Judith Brown Chomsky P.O. Box Elkins Park, PA jchomsky@igc.org Stephen Ostrach 1863 Pioneer Parkway East, #217 Springfield, OR saostrach@gmail.com Thomas P. Clair 103 Andover Drive Prospect Hills, IL John Falzone 15 E Cedar Creek Court Palos Heights, IL Kenneth Brantley Bern Owl Matteson, IL John Hurley Lake Shore Drive Orlando Park, IL Linda Cruz 3500 S Sangamon Street Chicago, IL Anthony Fiori Blue Grass Drive Lemont, IL Michael Melone 1448 Hodlmair Ct Elk Grove Village, IL L.T. Griffin, Jr th Street Matteson, IL George Buccieri 3326 N. Ozanam Kenneth Brantley Bern Owl Drive Matteson, IL Joe LaRucci 3836 N. Plainfield John T. Cichocki 7973 S. Kildane Chicago, IL

5 Jim Glaesser 3834 N. Osceola William Kazlauskas 6200 S. Kolmer Chicago, IL Don Bellheimer S. Kedzie Chicago, IL Tommie Spencer S. King Drive Chicago, IL Ruby Franklin 8232 S. Champlain Chicago, IL David McKinney 6024 S. McVicker Chicago, IL Harry Wambaja 1648 W. 32 nd Place Chicago, IL Peter Bonamici, Jr. 454 North Carpenter Street Chicago, IL Glenn Williams 5318 S. Damen Chicago, IL George Onuszkanyez 2525 W. Walton Street Chicago, IL Robert J. Esposito S. Sayre Efrain Perez 4633 N. Laramie Chicago, IL Jose Arce 3058 N. Newcastle Darryl W. Ivery Vine Harvey, IL Joey Vercillo S. Kedzie Chicago, IL Chris Iandolo 2819 N. Oak Park Avenue Raymond Erickson S. Avenue O Chicago, IL Vince Tenuto S. Kedzie Chicago, IL Mike Marcatante 3122 Secretariat Drive Aurora, IL Tres Peel S. Stewart Avenue Chicago, IL Jose Feliciano 5854 S. Mason William Wade 3222 N. Page 5

6 Joe Loporchio 5560 W. Ardmore Chicago, IL John T. Geraci 346 N. Oak Woodale, IL Paul Alvarez 7266 W. Talcott Avenue Chicago, IL Joe Alvarez 8657 W. Berwyn Chicago, IL Tyrone Nelson S. May Chicago, IL Patrick Johnston S. Bell Chicago, IL Richard Green 7832 S. Hermitage Felmon Smith 7542 S. Perry George A. Sever 3920 West 60 th Place Chicago, IL Martin Zamora 2019 W. 21 st Place Chicago, IL Brian Duffy 8182 S. Knox Chicago, IL Oscar Polanco 8522 W. Argyle Chicago, IL Joseph Colello, Jr N. Rutherford Chicago, IL Angelo Fata 4509 S. Wallace Chicago, IL John Fasso 5846 N. Ottawa Chicago, IL Roderick J. Myles 2951 W. 81 st Street Chicago, IL Carlos Sanchez 6154 W. 60 th Street Tommie Respondi 5628 S. Melvina Mary King 9213 S. Lowe Richard T. Green 8447 S. Cregier Chicago, IL Mike Edwards 2959 S. Quinn Chicago, IL Kevin Kaiser PO Box 132 Frankfort, IL

7 Thomas P. Clair Local 726 Secretary-Treasurer 1645 W. Jackson Chicago, IL Vanessa Bankhead 9117 S. Justine James Green 230 W. Monroe Street Chicago, IL Bill Broberg 1108 Fincastle Road Lexington, KY Steven R. Newmark 1725 K Street, NW Suite 1400 Washington, DC snewmark@ibtvote.org Jeffrey Ellison 510 Highland Avenue, #325 Milford, MI EllisonEsq@aol.com 7