March 8, 1996
VIA UPS OVERNIGHT
Dale Robbins
March 8, 1996
Page 1
Dale Robbins
Teamsters Local Union 315
2727 Alhambra Avenue
Martinez, CA 94553
Chester V. Brookins
P.O. Box 21533
Concord, CA 94521
Carolyn Robinson, Secretary-Treasurer
Teamsters Local Union 315
2727 Alhambra Avenue
Martinez, CA 94553
Dale Robbins
March 8, 1996
Page 1
Re: Election Office Case No. E-108-LU315-EOH
Gentlemen:
Local Union 315 held its nomination meeting on February 14, 1996 at which Chester Brookins was nominated to run for delegate to the International convention. On February 15, 1996, the Election Officer received a timely protest from Dale Robbins. His protest alleges that Mr. Brookins is ineligible because he has not satisfied the 24-month employment at the craft requirement of the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”).
Article VII, Section 1(a) of the Rules provides that to be eligible to run for any Convention delegate, alternate delegate or International officer position, one must:
(1) Be a member in continuous good standing of the Local Union, with one’s dues paid to the Local Union for a period of twenty-four (24) consecutive months prior to the month of nomination for said position with no interruptions in active membership due to suspensions, expulsions, withdrawals, transfers or failure to pay fines or assessments;
Dale Robbins
March 8, 1996
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(2) Be employed at the craft within the jurisdiction of the Local Union for a period of twenty-four (24) consecutive months prior to the month of nomination; and
(3) Be eligible to hold office if elected.
The employment requirement is modified by Article VII, Section 2(b) of the Rules, which states:
The active employment within the craft requirement may be excused by unemployment, assuming that the member was actively seeking and available for employment in the craft and not working outside the craft during such periods of unemployment.
Mr. Brookins admits that he has been unemployed for the past 24 months. However, he maintains that he has been available for work, although on a limited basis. Mr. Brookins has submitted verification that, as of December 1995 through February 1996, he has been prescribed several medications which list dizziness as a possible side effect (accompanying instructions caution against operating heavy equipment while taking the prescription). As a result, he is not available for jobs that require the operation of heavy equipment.
Mr. Brookins states the kinds of jobs that he is able to work include, but are not limited to, non-refinery construction warehousing. He is aware that all work must come through the hiring hall and go to the registrants thereon. He claims that he has never been offered any of these jobs.
The investigation reveals that during the period of March 1995 until February 1996, Mr. Brookins was registered on four of the local union’s out-of-work lists. On each list,
Mr. Brookins is identified as having both a hazardous material certificate and awareness card. Members are placed on the lists according to seniority. Mr. Brookins is at the top of one list and ranked sixth on the others.
According to Local Union 315, 124 opportunities for jobs that do not require the operation of heavy equipment have become available since Mr. Brookins placed himself on the out-of-work lists. It is the local union’s policy to distribute these jobs to members present at the hall first in order of seniority. Mr. Brookins does not go to the hiring hall to check employment availability.
If the local is unable to fill the positions available with members present at the hall, members are called at home and offered these positions in order of seniority. Mr. Robbins contends that Mr. Brookins was contacted at home many times and offered positions, consistent with Mr. Brookins medical restrictions, which he refused. Mr. Brookins contends he has never been contacted regarding these jobs.
Dale Robbins
March 8, 1996
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Mr. Brookins credibility is cast into doubt by his high rank on the seniority lists and the length of time he has been out of work. Even if the Election Officer accepts Mr. Brookins contention that he was never called at home and offered work through the hiring hall,
Mr. Brookins cannot be said to be actively seeking employment, as required by the Rules, if he does not go to the hiring hall to inquire as to work availability. While Mr. Brookins availability for employment is in doubt, mere availability to work is insufficient under
Article VII, Section 2(b). In the present case, the local union distributes available jobs to members present at the hall first. As a result, a member must make at least periodic visits to the hall in order to be actively seeking employment. Mr. Brookins does not contend that he made such visits. Rather, he argues that the presence of his name on the out-of-work lists is sufficient. His argument is, therefore, without merit.
In addition, the protester has provided evidence that Mr. Brookins has taken employment outside of the craft and, thus, cannot invoke the exception provided in
Article VII, Section 2(b). In a marketing document for RR Associates (“RR”), Mr. Brookins is listed as “the Co-founder and Managing Director.” The document goes on to state:
Mr. Brookins has and continues to serve as an external consultant to a wide range of industries, including law firms, high technology, biotechnology, manufacturing, construction, transportation, petroleum, and petrochemical firms, as well as to numerous foreign and domestic government, law enforcement, and private agencies.
This document accompanied a letter, signed by Mr. Brookins and dated October 6, 1995, in which he states, “We are also effective in collective bargaining, arbitration, and contract administration matters - our principals have had numerous years of experience working for both management and labor. Today, however, RR Associates represents only management.”
Mr. Brookins acknowledges his involvement with RR but claims that he receives no money from his participation and works for the organization less than an hour a week. The tax statement provided by Mr. Brookins indicates he received no money from RR in 1994, but he provided no evidence to indicate his current status with RR.
The material provided by the protester is significant evidence that Mr, Brookins is employed outside the craft. Mr. Brookins assertions that his work for RR is not profitable are without merit. The Rules prohibit work outside the craft, not just profitable work outside the craft.
In addition, the submitted information concerning Mr. Brookins relationship to RR indicates a serious possibility of conflict of interest should Mr. Brookins be elected to serve as a delegate. General principles of labor law forbid representatives of management from holding union office to avoid such conflicts.
Dale Robbins
March 8, 1996
Page 1
For the foregoing reasons, it is the determination of the Election Officer that
Mr. Brookins is not eligible to run for delegate or alternate delegate to the International convention.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one day of receipt of this letter. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Officer in any such appeal. Requests for a hearing shall be made in writing and shall be served on:
Kenneth Conboy, Esq.
Latham & Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 N. Capitol Street, Suite 855, Washington, DC 20001, Facsimile
(202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Matthew Ross, Regional Coordinator