Protest Decisions

IN RE: Tom Butts, Todd Grieco, BUTCH Lewis, Ron Milton, Tom Peck, Teresa Rose, David Sunderhaus, Michael Taylor, Ray Woodbridge and Dave Zeek. Prospective Candidates.

Eligibility Decision 2001 EAD 86
Issued: January 22, 2001
OEA Case No. E10511ME, E10512ME, E010911ME, E010912ME, E010913ME, E010914ME, E010915ME, E010916ME, E010917ME, E010918ME, E010919ME, E0109110ME

See also Election Appeals Master decision 01 EAM 18 and 01 EAM 18a

On January 5, 2001, Timothy Montgomery, election committee chairman for Local 100, filed a letter with the Election Administrator claiming that Theresa Rose and Tom Peck were ineligible to run for delegate to the IBT convention. On January 11, 2001, the Election Administrator received a letter from Jimmy Meyer, Ronald V. Agnor, Ken Barnes, Freddie Kells, Don Willis and Troy Stapleton, members of the Member's Choice slate for Local 100 delegate election, protesting the nomination of Teresa Rose, Tom Peck, Butch Lewis, Todd Grieco, Dave Zeek, Ray Woodbridge, Ron Milton, Tom Butts Michael Taylor, and David Sunderhaus. These protests have been consolidated for the purposes of this decision.[1]

By letter submitted on January 16, 2001 the Member's Choice slate agreed to withdraw the protests against Dave Zeek and Ron Milton. On January 18, 2001, the protests against Todd Grieco, Ray Woodbridge, Tom Butts, Michael Taylor, Butch Lewis and David Sunderhaus were also withdrawn. This office investigated the eligibility of Tom Peck and Teresa Rose.

Election Administrator representative Lisa Sonia Taylor investigated this protest.

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, §1(a)(1).

Tom Peck

In October of 1999 Peck took a leave of absence from his regular employer to work directly for Local 100 during the Overnight strike. Peck however, failed to sign a check-off request with the local. During the month of November, Peck's employer did not send in his payment because there were insufficient funds. The local sent a letter to Peck in late November informing him that he was in arrears and had to remedy or he would be suspended. On November 30, 1999, Peck signed a check-off authorization at the local to begin in December. The Local 100 ledger shows and the Titan operator confirms that Peck did not actually pay his November dues ($40 in dues and a $3 assessments) until December 1, 1999. Peck was unable to verify the actual day that he paid his dues. For this reason we credit the evidence submitted by and the statements of the local's Titan operator. Peck failed to pay his dues before the last business day of November. Therefore there was an interruption in his continuous good standing.

Accordingly the Election Administrator finds that Mr. Peck is ineligible to run for delegate to the International Convention.

Theresa Rose

Ms. Rose is a school bus driver who was on withdrawal for the summer on 1999 and 2000 when school is on summer vacation. Rose claims that her dues are paid in the fall to cover the months that she is on withdrawal. Rose's dues record shows a period of withdrawal between May 1999 and September 1999 and another period between May 2000 and August 2000. Although the record shows that that dues were taken out twice during the summer of 1999, it also shows a refund of the exact amount. The Titan operator at Local 100 claimed that the two refund checks were issued to Rose in August 1999, which were refunds for dues that were mistakenly submitted when Rose was on withdrawal. The Titan operator also claimed that no dues are collected when Rose goes off withdrawal in the fall. The Titan operator also stated that the local does not issue involuntary withdrawal cards. Therefore Rose's withdrawal was voluntary.

A member who voluntarily requests a withdrawal card within the twenty-four month period may not be eligible to run as a delegate or alternate delegate except in one very limited circumstance outlined in Article II, Sec. 4(a)(1) of the IBT Constitution. This provision states:

Provided, however, that if a member on withdrawal deposits his card in the month immediately following the months in a timely manner as provided in Article X, Section 5(c), such period of withdrawal shall not be considered a break in continuous good standing in the local union.

Rose's case does not fit this exception because she did not deposit his withdrawal card in the month immediately following the month for which the withdrawal was effective and she did not pay dues for both month in a timely manner.

Accordingly the Election Administrator finds that Ms. Rose is ineligible to run for 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 above, as well as upon the Election Administrator for the International Brotherhood of Teamsters, c/o International Brotherhood of Teamsters, 727 15^th Street, N.W., 10^th Floor, Washington, D.C. 20005, all within the time period prescribed above. A copy of the protest must accompany the request for hearing.

William A. Wertheimer, Jr.
Election Administrator

cc: Kenneth Conboy, Election Appeals Master

Michael B. Nicholson, Michigan Area Regional Director

DISTRIBUTION LIST (BY UPS NEXT DAY AIR UNLESS OTHERWISE SPECIFIED):

[1] On January 12, 2001, Timothy Montgomery spoke with Election Administrator Representative, Lisa Sonia Taylor, indicating that his January 9, 2001 letter was not intended as a protest and that he did not believe that as election committee chairman it was appropriate for him to file a protest regarding eligibility.  Because Tom Peck and Teresa Rose were the subjects of a subsequent protest, their eligibility was investigated.