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Office of the Election Supervisor for the International Brotherhood of Teamsters

ELECTION APPEALS MASTER
IN RE:
BRAD THOMPSON, Protestor.
06 Elec. App. 059 (KC)

ORDER

This matter is an appeal from the Election Supervisor's decision issued July 19, 2006.

A hearing was held before me on July 26, 2006. The following persons were heard by way of teleconference: Jeffrey S. Ellison and Stephen Newmark for the Election Supervisor; and Brad C. Thompson, Protester.

Because the protester received vacation pay from his employer during the week of his attendance at the IBT Convention, GCA 490 has declined to pay him lost wages for that week.

The Election Supervisor has interpreted the March 24, 2006 Advisory Regarding Payment of Expenses for Convention Delegates and Alternate Delegates as prohibiting a local or GCA "from paying a delegate for lost wages if the member was paid for that time from another source." Decision, 2. He further pointed out that a member cannot be required to take vacation time to attend the convention, but may choose to do so. If he does so, he has no "lost wages" and there is no loss of member income for the local union to replace.

The protester insists that lost vacation time is the equivalent of lost wages, and insists that the GCA should be required to reimburse him for its value.

I agree with the Election Supervisor's interpretation of the Advisory.

If, however, the protester were to return the vacation pay received from his employer, the Election Supervisor indicated at the Hearing, reimbursement from the GCA for lost wages might be required.

The matter is remanded to the Election Supervisor to attempt, working with the protester, to pursue this course with both the employer and the GCA, in the expectation that the protest can be resolved.

SO ORDERED:
___ /s/_____________
Kenneth Conboy
Election Appeals Master
Dated: July 26, 2006