IN RE: ELIGIBILITY OF FRANCISCO REYNOZO, FRITZ CONLE, FRANKLIN GALLEGOS, CRESECIO DIAZ, TONY GONZALEZ, SALVADOR CARRILLO, STEVE GARCIA, ARNOLD BERNAL, MICHAEL JOHNSTON, and ROBERTO SANCHEZ.
Protest Decision 2005 ESD 15
Issued: October 13, 2005
OES Case No. E-05-002-092905-FW
(See also Election Appeals Master decision 05 EAM 2)
Frank Halstead, a member of Local Union 572, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules"). He alleged that several members of Local Union 890 nominated as delegates and alternate delegates to the 2006 IBT Convention were not, in fact, eligible.
Election Supervisor representative Steven R. Newmark investigated this protest.
Findings of Fact
On September 20, 2005, Local 890 held its nomination meeting for the delegate and alternate delegate election. The following individuals were nominated: Franklin Gallegos, Cresecio Diaz, Tony Gonzalez, Salvador Carrillo, Steve Garcia, Arnold Bernal, Michael Johnston, Francisco Reynozo, Fritz Conle and Roberto Sanchez.
TITAN records showed that the following members paid their dues in each of the twenty-four consecutive months prior to the month of the nomination meeting: Franklin Gallegos, Cresecio Diaz, Tony Gonzalez, Salvador Carrillo, Steve Garcia, Arnold Bernal, Michael Johnston, and Roberto Sanchez.
However, TITAN showed that Francisco Reynozo did not pay dues in February 2004. Further, he was on voluntary withdrawal status for the following periods: March 1-April 14, 2004; April 19, 2004 - February 13, 2005; March 15 - April 11, 2005; and May 18 - July 5, 2005. Reynozo paid the accumulated unpaid dues for the first three periods of withdrawal upon return to active status after each withdrawal. Reynozo has not paid full dues for the final period of withdrawal. Reynozo has not produced any evidence to contradict TITAN records.
TITAN showed that Fritz Conle was carried on dues check-off for the entire period relevant here. However, Conle was on voluntary withdrawal in May 2004; he had insufficient earnings in that month to fund his dues through check-off and did not pay his dues directly to the local union in that month. Conle asserts that he was paid holiday pay for Memorial Day and that such pay was sufficient to fund his dues check-off obligation. The local union disputes this assertion, stating that Conle was not paid any compensation for the period April 15 through June 7, 2004.
Analysis
Article VI, Section 1 of the Rules provides: "To be eligible to run for any Convention delegate, alternate delegate or International Officer position, one must: (1) Be a member in 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 suspension, expulsions, withdrawals, transfers or failure to pay fines or assessments." A remittance of dues after the last business day of the month is untimely and renders the member not in good standing for that month. Williams, E15 (December 15, 1995).
Article II, Section 4(a)(1) of the IBT Constitution states that "if a member on withdrawal deposits his card in the month immediately following the month for which it was effective and pays his dues for both months in a timely manner as provided in Article X, Section 5(c), such period of withdrawal shall not be considered a break in continuous good standing in the Local Union."
A member on dues check-off retains his good standing even if his dues were remitted late or not at all, provided he had signed a check-off authorization and had sufficient earnings in the month from which dues could have been deducted. IBT Constitution, Article X, Section 5(c); Dunn, E9 (October 31, 1995). When the member has insufficient earnings to fund the dues, he must make timely direct payment to the local union or lose good standing for that month. Fortin, E105 (March 1, 1996); Wuorinen, E7 (October 6, 1995); Randall, E2 (September 6, 1995).
Reynozo did not pay dues for February 2004 and did not comply with the withdrawal provision of the IBT Constitution during each period he was on withdrawal status. His payment of dues after returning from his several periods of withdrawal do not serve to cure the periods for which he lost good standing.
Conle, a check-off member, lacked sufficient earnings in May 2004 to fund his dues, failed to make direct payment to the local union in that month, and therefore lost good standing .
We GRANT the protest with respect to Francisco Reynozo and Fritz Conle and find them INELIGIBLE to serve as delegates or alternate delegates. We DENY the protest with respect to Franklin Gallegos, Cresecio Diaz, Tony Gonzalez, Salvador Carrillo, Steve Garcia, Arnold Bernal, Michael Johnston, and Roberto Sanchez.
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 Supervisor in any such appeal. Requests for a hearing shall be made in writing, shall specify the basis for the 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, as well as upon the Election Supervisor for the International Brotherhood of Teamsters, 1725 K Street, Suite 1400, Washington, DC 20006 all within the time prescribed above. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Kenneth Conboy
2005 ESD 15
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED
Patrick J. Szymanski
General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, D.C. 20001
pszymanski@teamster.org
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
braymond@fwslaw.com
David J. Hoffa, Esq.
Hoffa 2006
30300 Northwestern Highway, Suite 324
Farmington Hills, MI 48834
David@hoffapllc.com
Barbara Harvey
645 Griswold Street
Suite 3060
Detroit, MI 48226
barbaraharvey@comcast.net
Frank Halstead, Shop Steward
Teamsters Union Local #572
260 La Follette Drive
Los Angeles, CA 90042-3512
fwhalstead@hotmail.com
Franklin L. Gallegos
President, Local 890
207 N. Sanborn Road
Salinas, CA 93905
apinta77@aol.com
Crescecio Diaz
450 Hall Road
Watsonville, CA 95076
crescenciodiaz@aol.com
Tony Gonzalez
207 North Sanborn Road
Salinas, CA 93905
tul890@aol.com
Salvador Carrillo
1925 Bradbury Street
Salinas, CA 93906
sscarrillo@sbcgolbal.net
Steve Garcia
880 Susan Court
Gilroy, CA 95020
Arnold Bernal
146 Ledesma Street
Soledad, CA 93960
abernal97@aol.com
Francisco Reynozo
970 Spring Grove Road
Hollister, CA 95024
Michael Johnston
81 Devon Lane
Watsonville, CA 95076
mike890@pacbell.net
Robert Sanchez
18556 Northridge Drive
Salinas, CA 93906
Fritz Conle
1248 West Oak Avenue
Greenfield, CA 93927
fritzconle@peoplepc.com
Steven Newmark
Office of the Election Supervisor for the
International Brotherhood of Teamsters
1725 K Street, NW, Suite 1400
Washington, DC 20005
snewmark@ibtvote.org