Protest Decisions

IN RE: Keetha Barnes, Aaron Belk, DeArmon Fraley, Jimmy Meeks, Billy Williams and Jimmy Wilson
Eligibility Decision 2001 EAD 123
Issued: February 1, 2001
OEA Case No. E011712SO, E011713SO, E011714SO, E011715SO, E011716SO

On January 14, 2001, Local 667 held its nomination meeting for delegate and alternate delegate elections. On January 17, 2001, Jonus Brown filed a timely protest with the Election Administrator challenging the eligibility of Keetha Barnes, Aaron Belk, DeArmon Fraley, Jimmy Meeks, Billy Williams and Jimmy Wilson to run for delegate to the IBT International Convention. Mr. Brown alleges that Barnes, Fraley and Meeks failed to maintain their memberships in good standing for period of 24 consecutive months. In addition, Brown challenges the nominations of Belk, Williams and Wilson on the grounds that these members were nominated and/or seconded by Meeks, who is not a member in good standing.

On January 29, 2001 the protestor, withdrew the protest against DeArmon Fraley. This decision deals with the allegations against Barnes, Meeks, Belk, Williams and Wilson.

Election Administrator representative Lisa Sonia Taylor investigated this protest.

Article VI, Section 1(a)(1) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules") states that 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 the nomination with no interruption in active membership due to suspensions, expulsions, withdrawals, transfers or failure to pay fines or assessment.

The Rules also state that to be eligible for nomination, a member must be nominated and seconded by a member in good standing with her dues paid through the month prior to the nominations meeting. Article II, Section 5(h).

1. Keetha Barnes

Mr. Brown claims that Mr. Barnes was two months behind on his dues at the time of the nomination meeting. Barnes' TITAN record shows that beginning in August 2000 Barnes went off checkoff and began paying cash dues. A remittance of cash dues after the last business day of the month is untimely and the member will not be in good standing for that month. Williams, E15 (December 18, 1995). From August to October 2000, Barnes submitted his cash dues in a timely manner. However, Barnes' November and December dues were not paid until January 17, 2001. Barnes explained that he stopped working in June 2000 because he was diagnosed with cancer. He requested vacation time and instructed his employer to pay his dues from his vacation pay. The vacation pay covered Barnes' checkoff dues for June and July 2000.

Barnes' employer confirmed that there were insufficient funds after July 2000 to cover Barnes' dues payment. Therefore, in August, Barnes began paying cash dues. Barnes acknowledges these facts but asserts that in October 2000 he began "aggressive" chemotherapy treatments. These treatments continued through the end of December. Barnes stated that he suffers from a rare type of cancer that required the doctors to use increasingly more aggressive chemotherapy treatments. In a letter to the Election Administrator, Barnes stated that he was "not coherent or able to take care of [his] different obligations." Barnes stated that his wife tried to take care of his business, however, she was overwhelmed with taking care of him on a daily basis. Mr. Brown stated that he was unaware of Barnes' illness.

In McDonald, E132 (July 9, 1998), aff'd, 98 EAM 363 (July 27, 1998), the Election Officer determined the timeliness of dues payments by considering objective evidence of the member's good faith efforts to pay his dues. The Election Officer found that "if a member makes an affirmative good-faith effort to pay dues, but timely payment is frustrated by factors beyond the member's control, the member should not lose good standing for purposes of determining eligibility for office."

In June 2000, when Barnes was diagnosed with cancer, he immediately arranged with his employer to have his dues taken from his vacation pay. In August 2000, when there were insufficient funds to continue Barnes' checkoff payment, Barnes maintained his good standing by making timely cash payments to the local until October of 2000. However, beginning in late October, because of Mr. Barnes' illness and the intense treatment that it required, he was physically unable to pay his dues. The Election Administrator finds that Mr. Barnes made good faith efforts to pay his dues but his efforts to maintain his good standing were frustrated by factors beyond his control.

Accordingly, the Election Administrator finds that Mr. Barnes is eligible to run for delegate to the International Convention.

2. Jimmy Meeks

Mr. Brown claims that Meeks is ineligible to run for alternate delegate because he was placed on suspension for being three months behind in his dues. Meeks' TITAN record shows that he was on checkoff until September 2000. The record shows that there were no payments for October, November and December 2000. On December 28, 2000, Meeks was placed on suspension. The TITAN operator stated that Meeks was suspended for failing to pay dues for October through December 2000. The TITAN operator also stated that in order to regain his status as a member in good standing Meeks would need to pay the re-initiation fee of $30, in addition to paying his dues for the re-initiated month.

Meeks stated that he stopped working in October due to an injury for which he had to be hospitalized. During this period Meeks states that he had received a call from someone with Local 667 who told him that he did not have to worry about dues payments because the local would deduct dues automatically. Meeks was unable to provide the investigator with the name of the person with whom he had this conversation.

Mr. Luna, the secretary-treasurer of Local 667, stated that Meeks had stated that Bob Smith from Local 667's pension department was the person who called him at the hospital. Luna stated that he questioned Smith and all his clerks about Meeks' allegation that someone told him not to worry about the dues payments. Luna stated that Smith and all the clerks denied having this conversation with Meeks. Luna maintained that Meeks was never given incorrect advice from Local 667 officials.

The Election Administrator credits the local's statements. When questioned by the investigator about the identity of the person who called him, Meeks was unable to provide a name. Although Bob Smith was later named as the person who called, Luna stated that Mr. Smith denied that he ever made the call. Regardless, the Election Administrator has held that each union member is charged with the responsibility for knowing the Rules. Ciccozzi, 2001 EAD 100 (January 24, 2001). Therefore the Election Administrator finds that there was an interruption in Meeks's continuous good standing due to untimely payment of dues and his suspension.

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

3. Aaron Belk

Belk was seconded by Jimmy Meeks to run for delegate to the IBT International Convention. No other member seconded Belk for delegate. Meeks was suspended for failing to pay dues for October through December 2000 at the time of the January 14, 2001, nomination meeting. Therefore, a member in good standing did not second Belk's nomination for delegate.

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

4. Billy Williams

Williams was nominated by Jimmy Meeks to run for alternate delegate to the IBT International Convention. No other member nominated Williams for alternate delegate. Meeks was suspended for failing to pay dues for October through December 2000 at the time of the January 14, 2001, nomination meeting. Therefore, a member in good standing did not second Williams' nomination for alternate delegate.

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

5. Jimmy Wilson

The eligibility of Wilson as a candidate for alternate delegate was protested on the grounds that his nominator, Meeks, was suspended. Wilson stated that although he listed Meeks as his seconder on the nomination form at the nominations meeting, he was in fact seconded by Billy Williams. Billy Williams' TITAN record shows that he is a checkoff dues member in good standing with his dues paid through the month prior to the nominations meeting.

Mr. Luna stated that Wilson filled out his own delegates information form listing Meeks as his seconder. Wilson later returned to check the form and the mistake was discovered. Luna checked the written record of the nomination meeting as well as the sound recording of the meeting and verified that Billy Williams seconded Wilson. The Election Administrator finds that Billy Williams seconded Mr. Wilson.

Accordingly, the Election Administrator finds that Mr. Wilson is eligible 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 the basis for that appeal, 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, 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

Dolores C. Hall, South Area Regional Director

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