IN RE: HOWARD SCHOCK,
Eligibility Decision 2000 EAD 13
Issued: August 14, 2000
OEA Case No. E080301WE
Howard Schock, a member of Local Union 601, filed a pre-election protest as to a candidate's eligibility pursuant to Article XIII, Section 2(b)(1) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). By letter received on August 3, 2000, Mr. Schock contends that Isabel M. Lopez is ineligible to run for the position of alternate delegate. He alleges that Ms. Lopez has not fulfilled the requirement of having paid dues to the local union for a period of twenty-four (24) consecutive months.
In order to be eligible to run for delegate or alternate delegate to the IBT International convention, a member must be in continuous good standing with her local union, with her dues paid to the local union for a period of 24 consecutive months prior to the month of nomination with no interruption in active membership due to suspensions, expulsions, withdrawals, transfers or failure to pay fines or assessments. Rules, Article VI, Section1(a)(1).
Election Administrator Representative Lois M. Tuttle investigated this protest.
Ms. Lopez is a seasonal worker of Local Union 601, a local whose membership is composed substantially of seasonal workers in the seasonal food industry. The TITAN record reflects that Ms. Lopez, who is on dues checkoff, was issued a withdrawal card and placed on withdrawal status between the months of February 1999 through April 1999; and then again, for the months of December 1999 and January 2000. According to the local's office manager, Ms. Lopez was placed on withdrawal status for both of these periods in accordance with the local's policy to issue a withdrawal card two months after a member becomes unemployed. She stated that this was done after the local became aware that Ms. Lopez was unemployed for two periods of time, first during the period between February 1999 through April 1999; and then, for the months of December 1999 and January 2000.
As to the second period of time, investigation into this matter revealed that Ms. Lopez was on sick leave from late October, 1999 through February 29, 2000 after suffering a work-related injury, after which she returned to work. During this period the employer paid Ms. Lopez the difference between the disability pay she was entitled to under her union contract for such an injury and the amount that she received from her workers' compensation benefits. The amounts paid to Ms. Lopez during the months of November 1999, December, 1999, January, 2000 and February, 2000 in sick leave were, the employer verified, sufficient to have covered her union dues.
Election Officer Quindel has held that, where a local union issues a withdrawal card not at the member's request but because of local union policy, the withdrawal is not to be considered an interruption in the member's continuous good standing status so long as a member on check-off had sufficient earnings from which dues could have been deducted during the months in question. Zier, E019 (January 29, 1996), aff'd, 96 EAM 72 (February 1, 1996); Hiltz, E029 (January 17, 1996). Since Ms. Lopez did receive sufficient earnings from her employer in sick pay during the months of November 1999, December 1999, January 2000 and February, 2000 to cover her dues, her good standing status was uninterrupted during that period.
The local's account that Ms. Lopez was unemployed during the months of February 1999 through April 1999 was partly contradicted, and partly confirmed, by her employer. Her employer verified that Ms. Lopez was unemployed for the entire months of February 1999 and March 1999, but that she resumed work in April 1999, in which month she received sufficient earnings to pay her dues to her local union.
Ms. Lopez disputes this account in part. She stated that she was only laid off for two weeks during the month of February 1999. However, since Ms. Lopez declined to either provide us with or allow her employer to provide us with any records demonstrating that she received earnings during the month of February 1999, this office will accept her employer's statements that she was not employed that month and received no earnings. Furthermore, while Ms. Lopez characterizes her unemployment in March 1999 as a voluntary period of unpaid leave, she does not dispute that she received no pay during this period. Therefore, Ms. Lopez' statements are insufficient to rebut her employer's account that she did not receive sufficient earnings during the months of February 1999 and March 1999 to pay dues to her local union.
Since Ms. Lopez is a seasonal worker working at a seasonal union, however, this might not be sufficient to cut off her good standing status had she paid dues to her local on a cash basis. The IBT Constitution specifically provides that "such [seasonal] workers working at such [seasonal] Local Unions must be permitted to continue to pay dues during periods of seasonal layoff." See Art. XXII, Sec. 4(c). Assuming arguendo that February 1999 through March 1999 was a period of seasonal layoff, Ms. Lopez by her own admission did not pay, nor did she attempt to pay, any dues to the local. Therefore, her status of continuous good standing was interrupted.
Accordingly, it is the determination of the Election Administrator that Ms. Lopez is INELIGIBLE to run for alternate delegate to the International Convention.
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 reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Administrator in any such appeal. Requests for a hearing shall be made in writing, shall specify that basis for the appear, and shall be served upon:
Kenneth Conboy
Election Appeals Master
Latham & Watkins
Suite 1000
885 Third Avenue
New York, New York 10022
Fax: 212-751-4864
Copies of the request for hearing must be served upon the parties listed below, as well as upon the Election Administrator for the International Brotherhood of Teamsters, c/o International Brotherhood of Teamsters, 25 Louisiana Avenue, N.W., Washington, D.C. 20001, all within the time period prescribed above. A copy of the protest must accompany the request for hearing.
William A. Wertheimer, Jr.
William A. Wertheimer, Jr.
Election Administrator
DISTRIBUTION LIST VIA UPS NEXT DAY AIR:
Teamsters Local 601
745 East Miner Avenue
Stockton, CA 95202
Isabel Martha Lopez
1272 Burgundy Lane
Manteca, CA 95337
Howard Schock
2703 Summerfield Drive
Stockton, CA 95209
Patrick J. Szymanski
General Counsel
International Brotherhood of Teamsters
25 LouisianaAvenue, N.W.
Washington, DC 20001
(By personal delivery)
Christine Mrak
Western Area Regional Director
2357 Hobart Avenue, SW
Seattle, WA 98116