Protest Decisions

IN RE: JOEL LEFEVRE and JACK KING,
Eligibility Decision 2001 EAD 220
Issued: March 7, 2001
OEA Case Nos.: E022613NE and E022614NE

On Friday, February 23, 2001, Local 840 held its nominations meeting for delegate and alternate delegate elections. Daniel Kane, the recently-appointed trustee, chaired the meeting. On Monday, February 26, 2001, Kane timely protested the eligibility of two nominated candidates, former secretary-treasurer Joel LeFevre (nominated for delegate) and former vice president Jack King (nominated for alternate delegate).

Election Administrator representative Lois M. Tuttle investigated this protest.

Kane claims that LeFevre and King are ineligible because neither paid the correct rate of dues for a local union officer or business agent over the 24-month period. He claims that LeFevre is ineligible because his only nominator, Dolores Felice, was ineligible to nominate him and his only seconder, King, was ineligible to second him. Kane further claims that King is ineligible because his only seconder, Felice, was ineligible to second him.

To be eligible for nomination, a member must be nominated and seconded by a member in good standing, each with his or her dues paid through the month prior to the nomination meeting. Article II, Section 5(h) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election.

Our investigation reveals that at the time of the nomination meeting, Felice was on voluntary withdrawal since January 2001 and had paid no dues since December 2000. Thus, Felice was INELIGIBLE to nominate LeFevre or to second King's nomination.

Our investigation also reveals that during the applicable 24-month period, LeFevre and King were charged and paid an insufficient rate of dues. In August 1997, an IBT-commissioned audit revealed that the local's officers and business agents, including LeFevre and King, were being charged a dues rate lesser than the rate which would match that of the highest-paid local union member, as required by the IBT Constitution. At the time, LeFevre was the local's secretary-treasurer and King was a business agent. The auditor, Chester Modzelweski, advised LeFevre to collect the proper amount of dues owed from the local's officers and business agents and to adjust their dues to their proper rates. LeFevre failed to do either of these things. As a result, LeFevre and King continued to be charged and to pay dues at an insufficient rate up until they and the local's entire executive board were relieved of their duties on January 9, 2001. This followed on the heels of an investigative report issued by the Independent Review Board in December 2000 alleging, among other things, financially irresponsible actions by executive board members.

LeFevre's failure to charge himself or to pay his dues at the correct rate over the 24-month period was owing to his failure to adjust his own and other local union officers' and agents' dues rates in response to the 1997 audit. He lacks good standing to run as a delegate.

Therefore, we GRANT Kane's protest as to LeFevre and find him INELIGIBLE to run as a delegate based both on his own and his nominator's lack of good standing.

King's responsibility for failing to be charged and to pay the proper rate of dues is not clear. He was a business agent from the time of the audit until January 2000, when he became the local's vice president. It is unclear whether King had a duty, while a business agent prior to January 2000, or while a vice president beginning January 2000, to take steps to ensure that the local complied with the 1997 audit. Indeed, King claims that he never received a copy of the audit report. He admits only that he was aware of the audit in 1997 and that it engendered some discussion among members of the executive board about what it required them to do.

Thus, it is not evident whether King's failure to pay dues at the proper rate over the 24-month period would implicate his good standing to run as an alternate delegate. However, this issue need not be decided as King is ineligible based on Felice's ineligibility to second his nomination.

Therefore, we GRANT Kane's protest as to King and find King INELIGIBLE to run as an alternate delegate based on his seconder's lack of good standing.

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, facsimile (202) 454-1501, 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

cc: Kenneth Conboy, Election Appeals Master

David F. Reilly, Northeast Area Regional Director

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