Protest Decisions

IN RE: STEVEN SAUNDERS
Eligibility Decision 2001 EAD 131
Issued: February 5, 2001
OEA Case No. E011511ME

See also Election Appeals Master decision 01 EAM 35 (KC)

On January 14, 2001, Local 1199 held its nomination meeting for delegate and alternate delegate elections. On January 15, 2001, Randall Verst, president of Local 1199, filed a protest with the Election Administrator challenging the eligibility of Steven Saunders to run for delegate to the IBT International Convention. Mr. Verst alleges that Saunders failed to maintain their memberships in good standing for a period of 24 consecutive months.

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.

Mr. Verst claims that Saunders has not worked in the craft since January 2000. Saunders' dues record shows that he was placed on withdrawal in July 2000. Albert Pennington, secretary-treasurer for Local 1199, stated that Saunders had been the president of Local 1199 until he was voted out in January 2000. Saunders continued to pay his dues for the next six months. In July 2000, the local returned Saunders' dues check for July and placed him on withdrawal. Pennington stated that the local did this per the IBT Constitution that prohibits the local from accepting dues payments from anyone not working in the craft under the local's jurisdiction.

Saunders confirmed that his active membership expired in July 2000. He stated that since January 2000, he has been trying to obtain a job with an employer under contract with Local 1199, but has been unable to do so. According to Saunders many of the employers agreed to hire him and then hired someone less qualified. Saunders claimed that he has four discrimination claims pending with the National Labor Relations Board ("NLRB") against four prospective employers and filed claims with Joint Council 26 against Verst for refusing to support his claims. Saunders stated that the claim against Verst was dismissed and has he has appealed the case to the International. Verst, Joint Council 26 and the IBT legal department all confirm that Saunders has cases pending before the NLRB. However, Saunders has never filed a claim challenging his withdrawal.

Article VI, Section 1(a)(2) of the Rules states that the member must be employed at the craft within the jurisdiction of the Local Union for a period of 24 consecutive months prior to the month of nomination. However, this requirement is "excused by unemployment if, for the period of unemployment, the member was actively seeking and available for employment in the craft and not working outside the craft during such period of unemployment, or by active pursuit of an unresolved grievance or other legal action challenging suspension or discharge." Article VI, Section 2 (b). Saunders admitted that he has not been employed since January 2000. However Saunders claims that he had been actively seeking employment since the date of his unemployment. The Election Administrator considered the claims that were filed against potential employers with the NLRB as evidence that Saunders was actively seeking employment and finds that Saunders has fulfilled the requirements of Article VI, Section 2 (b).

However, the IBT Constitution states that when a member becomes unemployed in the jurisdiction of the Local Union, he shall be issued an honorable withdrawal card upon his request. If no request is made, an honorable withdrawal card must be issued six (6) months after the month in which the member first becomes unemployed, if he is still unemployed at that time. Article XVIII, Section 6(a). If a member believes that a withdrawal card was issued in violation of the Constitution they may appeal in accordance with the appeal procedure provided for by the Constitution. Article XVIII, Section 6 (e).

The Election Administrator finds that the local acted pursuant to the Constitution when it issued Saunders' withdrawal. Even if Saunders was actively seeking employment, his good standing was interrupted by an automatic withdrawal executed properly under the provisions of the IBT Constitution. Mangan, E111 (March 11, 1996). Although Saunders has filed claims against prospective employers for discrimination and against Verst for not supporting him in these claims he has never appealed his withdrawal. For these reasons Saunders is a member on withdrawal and not a member in good standing.

Accordingly, the Election Administrator finds that Mr. Saunders 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 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

Dennis M. Sarsany, Midwest Area Regional Director

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